Medical negligence: Doctor ordered to pay woman more than RM300,000
The court ordered Dr Nazri to pay Prabakhari RM300,000 in general damages, for loss of amenities of life, mental distress, pain and suffering.
The High Court Thursday ordered a doctor at a private hospital to pay damages of RM312, 500 to a Tenaga Nasional Berhad employee due to medical negligence.
Judicial Commissioner Datuk Mohd Zaki Abdul Wahab handed down the decision after allowing the suit filed by V. Prabakhari , 46, against consultant anaesthesiologist , Dr. Nazri Bhupalan.
In his judgment, Mohd Zaki said Prabakhri had succeeded in proving that Dr Nazri had breached the duty of care for failing to give information or obtained an informed consent from her before administering the anaesthetic .
As a result of that, Prabakhri suffered injuries and pain, he added.
The court ordered Dr Nazri to pay Prabakhari RM300, 000 in general damages, for loss of amenities of life, mental distress, pain and suffering.
The doctor was also ordered to pay RM12, 500 in special damages and costs of RM100, 000 to Prabakhari.
The court, however, dismissed Prabakhri's claim against the hospital, Pantai Medical Centre Sdn Bhd, which was named the second defendant in the suit.
In the statement of claim, Prabakhri said she suffered swelling of the right foot in September 2011 and was recommended by the hospital to go for surgery.
She claimed that on Nov 21, 2011, while intubating her for the general anaesthesia , Dr Nazri perforated or damaged her oesophagus .
As a result of that, Prabakhri claimed she suffered pain on the back and was easily exposed to lung infection.
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