TAIPING, Dec 26 — A 28-year-old former security guard has been awarded RM1.8 million in compensation due to medical negligence at Taiping Hospital, Perak, and by four others involved in his treatment following an accident, which led to permanent brain injuries.

As reported by Malaysia Gazette (MG), the Taiping High Court ruled in favour of P. Thinnagaran’s lawsuit against the Malaysian government, the hospital director, and three doctors, ordering the defendants to collectively pay the full compensation amount.

Judge Noor Ruwena Md Nurdin granted the claim for liability and quantum after finding that the plaintiff successfully proved his case on a balance of probabilities. The court was satisfied that the Malaysian government (the first defendant) was responsible for the negligence of the second to fifth defendants, who were government agents.

However, all five defendants filed an appeal at the Court of Appeal, and the notice of appeal was submitted on August 2.

At the hearing on July 4, Judge Noor Ruwena awarded, among other things, general damages of RM350,000, first special damages of RM134,979.04, second special damages of RM59,979, loss of earnings of RM153,600, additional damages of RM300,000, and costs of RM150,000.

“The plaintiff’s brain was deprived of oxygen for more than 12 hours while waiting to be stabilised, which caused him to suffer permanent injury,” she was quoted as saying in the ruling dated December 24.

In her 69-page judgment, she stated that the permanent damage, particularly to the plaintiff’s brain, could have been avoided if the defendants had diagnosed him correctly, treated him, and monitored him more closely after he was admitted to Taiping Hospital following a motor vehicle accident at approximately 1.05pm on January 2, 2016.

According to MG, the case details state that the plaintiff, who was riding a motorcycle, was involved in an accident with a car on Transkrian Road while on his way home to Taman Mangga, Juru, heading towards Parit Buntar.

Initially, the plaintiff was taken to Parit Buntar Hospital before being referred to Taiping Hospital at around 6pm, where he was admitted to the Orthopaedic Ward. The plaintiff was then examined at approximately 6.46pm to prevent Fat Embolism Syndrome (FES) due to the prolonged fracture of his bone structure.

For the record, FES can be life-threatening and occurs when fat emboli enter the bloodstream, blocking blood flow. The anaesthetic team later decided to intubate him before proceeding with surgery at 8pm on January 3, 2016.

It was reported that the plaintiff was transferred from the Intensive Care Unit (ICU) to a regular ward on January 23, 2016, after 20 days. An MRI conducted the day before revealed that the plaintiff suffered from Hypoxic Ischaemic Encephalopathy (HIE), a brain injury caused by insufficient oxygen and blood supply.

The court accepted the testimony of an expert who stated that had the hospital performed surgery to stabilise the fractured bone on the afternoon of January 2, the risk of FES could have been reduced.

MG also noted that the judge said: “The court is also satisfied with the expert’s testimony that the plaintiff should have been intubated earlier.”

The judge noted that the defendant’s own witness stated that the plaintiff should have been referred to the ICU when he became drowsy, and intubation should have been performed earlier to improve his oxygen levels.

He further stated that the insufficient monitoring by the hospital on the night of January 2, 2016, and the failure to perform surgery within 24 hours of the accident, worsened the FES.

The court accepted the testimony that the significant loss of brain tissue had a serious impact on the patient, causing a loss of mobility and internal body function.

Judge Noor Ruwena further stated that the plaintiff suffered from mental health issues, resulting in cognitive decline, as well as stress, and was forced to depend on others for personal matters and needs.

She added that the plaintiff still required his mother’s assistance as a caregiver, and the woman, earning RM1,300 per month, had to quit her job.