KUALA LUMPUR - A TNB training executive won RM312,500 (S$102,700) in damages in a medical negligence case against a consultant anaesthesiologist.
However, V. Prabakhari, 46, lost her claim against a private hospital for alleged breach of contract and negligence.
High Court Judicial Commissioner Mohd Zaki Abdul Wahab ruled that Prabakhari had proved that Dr Nazri Bhupalan breached the duty of care when he gave her anaesthesia.
He said Dr Nazri had failed to obtain an informed consent from Prabakhari and had committed negligence due to breach of duty of care.
He awarded RM300,000 in general damages for pain and suffering, loss of amenities and mental distress.
He allowed RM12,500 in special damages, which included Prabakhari's expenses for travel and food.
The court held that Pantai Medical Centre Sdn Bhd was not vicariously liable for the doctor's negligence.
Mohd Zaki also said that the private hospital also did not commit breach of contract and that there was no negligence on its part.
He ordered Dr Nazri to pay RM100,000 in costs to Prabakhari.
In her claim, Prabakhari said she suffered a painful swelling on her right foot in September 2011 and surgery was carried out after a diagnosis of ganglion was made.
"The plaintiff said she suffered complications and delay in her recovery.
She said the complications were due to the negligence of Dr Nazri when he gave her anaesthesia."
Prabakhari said Dr Nazri had failed to inform her about the procedure and effects of the use of anaesthesia, and so was negligent.
Among others, she said in her suit that she suffered lung infections and pneumonia and vomited blood.
In the amended claim filed on Nov 6 last year, she sought damages, interest and costs against both parties.
The judge made the decision after hearing evidence from five witnesses in the trial.