KUALA LUMPUR - A TNB training executive won RM312,500 (S$102,579) in damages in a medical negligence case against a consultant anaesthesiologist.
However, V.Prabakhari, 46, loss in her claim against the private hospital for alleged breach of contract and negligence.
High Court Judicial Commissioner Mohd Zaki Abdul Wahab ruled that Prabakhari succeeded to prove that Dr Nazri Bhupalan had breached the duty of care when he gave anesthesia to her.
JC Mohd Zaki said Dr Nazri had failed to obtain an informed consent from her and had committed negligence due to breach of duty of care.
He awarded RM300,000 in general damages for her pain and suffering, loss of the amenities of life and mental distress.
He allowed RM12,500 in special damages which included her expenses for travelling and food.
He held that Pantai Medical Centre Sdn Bhd was not vicariously liable for the negligence of the doctor.
JC Mohd Zaki also said that the private hospital also did not commit any breach of contract and that there was no negligence on their part. He ordered Dr Nazri to pay RM100,000 in costs to Prabakhari.
In her claim, Prabakhari said she suffered from a painful swelling on her right foot in September 2011 and a surgery was carried out after a diagnosis was done.
She said she suffered complications and delay in her recovery. She said the complications was due to the negligence of Dr Nazri when he given anesthesia to her.
She claimed that Dr Nazri failed to inform to her over the procedure and effects over the use of anesthesia. She claimed that he had failed to follow proper procedure and was negligent.
Among others, she said in her suit that she suffered lung infection, pneumonia, vomitting of blood and punctures for chest tubes.
In the amended claim filed on Nov 6, last year, she sought for damages, interests and costs against both parties.
The judge made the decision after hearing evidence from five witnesses in the trial.