In a recent ruling by the High Court, the estate of the former CEO of Prolintas, a prominent highway operator, has been awarded a substantial sum of RM5.1 million in damages following a tragic case of medical negligence. The late CEO, Zainudin Abdul Kadir, suffered irreversible brain damage as a result of surgery performed at a private hospital.
Justice Arief Emran Arifin presided over the case and concluded that Pusat Pakar Tawakal Sdn Bhd, the hospital where the surgery took place, along with an ear, nose, and throat (ENT) surgeon, and an anaesthetist, were all liable for the negligence that led to Zainudin's deteriorating health condition.
In his comprehensive 79-page judgment, Justice Arief clarified that the awarded damages are to be collectively paid by the defendants. Additionally, the hospital and the two medical practitioners are instructed to cover RM210,000 in legal costs for Zainudin's estate.
The bulk of the compensation, totaling RM4 million, is attributed to the loss of Zainudin's earnings. As the CEO of Prolintas, he had a substantial monthly income of RM65,000. An additional RM500,000 was allocated for the pain and suffering endured by Zainudin.
Justice Arief emphasized that the primary objective of the court's decision is not punitive but compensatory. The aim is to restore, as much as possible, the financial and emotional equilibrium of the plaintiff, Zainudin's estate.
Examining the sequence of events leading to Zainudin's tragic outcome, it was revealed that his premature release from the postoperative recovery process and subsequent oversights in the hospital ward contributed significantly to his deteriorating condition.
Zainudin was admitted to the hospital on February 22, 2016, and underwent nasal surgery four days later, which initially appeared to proceed without complications. However, he collapsed shortly after the surgery concluded. Despite hospital protocols mandating an observation period of at least an hour following the reversal of anesthesia, Zainudin was discharged to the ward after only 25 minutes.
Moreover, due to the patient's lingering drowsiness, the ENT surgeon erroneously intubated him in the oesophagus rather than the trachea, ultimately leading to irreversible brain damage. Furthermore, upon transfer to a VIP ward post-operation, critical equipment such as the oxygen adapter was found to be missing.
Justice Arief held all defendants accountable for the unfortunate events, dismissing attempts to shift blame solely onto the ENT surgeon. The lawsuit, initiated in 2018, tragically outlasted Zainudin, who passed away in 2021 during the Covid-19 pandemic. Consequently, his wife, Nor Rizam Abdul Wahab, assumed the role of the estate administrator and pursued the case on his behalf.
Legal representation was provided by various parties, with lawyers Manmohan Singh Dhillon and Aika Zulaika Yusof advocating for the plaintiff's interests. The defendants, including the hospital, the ENT surgeon, and the anaesthetist, have all lodged appeals regarding both liability and the quantum of damages.
Source: Link
felixwrite is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact Newswav.
