Former National Hockey Player Awarded Damages In a recent ruling by the High Court, a negligence suit filed by a former national hockey player on behalf of his late wife has resulted in a compensation of RM335,000.
The lawsuit was brought against a doctor who treated the woman before her unfortunate passing, ten months after suffering a stroke. However, it should be noted that the court did not hold Kelana Jaya Medical Centre Sdn Bhd responsible in the case, as it was determined that the medical center did not have a direct duty to the patient. The grounds of judgment highlighted the husband's, Avtar Singh, achievements as a member of the national Olympic and World Cup squads.
The court acknowledged the significant impact the incident had on his life, forcing him to set aside his personal interests, including coaching, to care for his wife. Avtar, 68, acted as the administrator of Salinder's estate when filing the lawsuit. During the trial, the doctor admitted liability, which influenced the court's decision. In the oral decision delivered on August 18, the judge allowed special damages amounting to approximately RM235,000, in addition to RM100,000 awarded as general damages.
The judge considered the prolonged period of bedridden condition suffered by the deceased, Salinder, for ten months leading up to her passing following a brain stem stroke. According to the statement of claim filed in 2019, Salinder was initially brought to the emergency department of Kelana Jaya hospital after experiencing severe pain and numbness in her left arm on August 21, 2016. She received treatment from the accused doctor before being transferred to another private hospital and later to the Cheras Rehabilitation Hospital.
Despite these efforts, Salinder did not show improvement and was eventually taken back home, where she passed away on June 19, 2017. The judge noted the allegations stating that the doctor had practiced beyond the scope of his qualifications and failed to accurately diagnose the deceased, partially due to the lack of appropriate medical equipment at the hospital. This misdiagnosis subsequently led to Salinder's transfer to another medical facility.
The judge expressed the belief that Salinder had likely suffered from a brain stem stroke, which ultimately resulted in her death almost ten months later. Avtar, represented by Ravi Nekoo, has decided to appeal against the court's decision to dismiss his claim against the hospital. It remains to be seen how the appeal process will unfold and whether any further considerations will be given to the hospital's potential liability.
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