The High Court has ordered a private medical centre and two of its doctors to pay RM5.1 million in compensation to the estate of the former CEO of highway operator Prolintas, who suffered brain damage during surgery.

According to NST, justice Arief Emran Arifin found Pusat Pakar Tawakal Sdn Bhd, an ear, nose, and throat (ENT) surgeon, and an anesthetist responsible for medical negligence.

The court ruled that compensation must be granted to Datin Nor Rizam Abdul Wahab, Zainudin's wife and estate administrator, who brought the claim in 2018.

Zainudin died in 2021 amid the COVID-19 pandemic.

The judge also ordered the three parties to pay RM210,000 in expenses to the administrator of Zainudin's estate.

"The majority of the damages are for loss of earnings, as the victim was employed and earned RM65,000 per month, while RM500,000 is for pain and suffering."

"The court's role is not to penalize the medical professionals or the hospital, but to recompense the plaintiff.

"The brain damage happened because of early discharge post-surgery, as well as to several incidents in the ward," he stated in a June 5 decision published to the e-Judiciary management system.

Based on the case facts, Zainudin was brought to the hospital on February 22, 2016 and had nose surgery four days later. The procedure started at 5.45pm and completed at 8.05pm, with Zainudin collapsing around 9.30pm.

According to hospital regulation, doctors must monitor patients in the recovery area for at least an hour after anesthesia is reversed before transferring them to the ward. In this case, the observation was barely 25 minutes. Because the patient was still drowsy, the surgeon intubated the esophagus instead of the trachea, resulting in brain injury.

The judge stated that the injury was caused by a series of mistakes, including early discharge from the surgical recovery area and a number of tragic incidents on the ward.

 "The defendants are all jointly and severally liable for what has occurred and can't put the blame solely onto the second defendant (the ENT surgeon)," Arief stated.

Lawyers Manmohan Singh Dhillon and Aika Zulaika Yusof defended the plaintiff. Felix Raj and Ahmad Aizek Busu represented the hospital, Navamalar Ganesan as the ENT surgeon, and Barvina Punnusamy as the anaesthetist.

Each of the defendants have submitted an appeal regarding responsibility and the sum granted.

Source: NST