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Anaesthetist to pay RM1.4m for medical negligence
KUALA LUMPUR, Dec 20, 2024: In what must be a landmark case and decision, the Court of Appeal has ruled that an anaesthetist and Mahkota Medical Centre are liable to medical negligence.
It is quite rare to see doctors and hospitals sued for medical negligence and found guilty of medical negligence.
A three-member Court of Appeal bench unanimously dismissed the anaesthetist’s appeal against liability but agreed that the quantum of damages payable ought to be reduced.
The anaesthetist, who was found jointly liable with the hospital for medical negligence, will have to pay RM1.4 million in damages in a case that saw a young doctor die after delivering her first child nine years ago.
However, the High Court had allowed the hospital’s claim for a contribution and indemnity from the anaesthetist, making him or his insurance company liable to bear its damages.
No News Is Bad News reproduces below a news report on the court’s landmark decision on medical negligence:
Anaesthetist fails in appeal, to pay reduced damages of RM1.4mil
-20 Dec 2024, 07:30 AM
The Court of Appeal says the aggravated damages of RM500,000 awarded by the High Court was ‘unsustainable’ and reduced it to RM100,000.
The Court of Appeal held an anaesthetist who was responsible for a failed attempt to insert a central venous line (CVL) into a patient’s neck liable for her death.
PUTRAJAYA: An anaesthetist, who was found jointly liable with a private hospital in Melaka for medical negligence, will have to pay RM1.4 million in damages in a case that saw a young doctor die after delivering her first child nine years ago.
A three-member Court of Appeal bench unanimously dismissed the anaesthetist’s appeal against liability but agreed that the quantum of damages payable ought to be reduced.
Justice Azhahari Kamal Ramli, who delivered the appeals court’s judgment said the trial judge had not committed any “plain errors” in his decision.
“We dismiss the (anaesthetist’s) appeal on liability. However, we find that the award of RM500,000 as aggravated damages is unsustainable and (reduce it to) RM100,000,” Azhahari said in a written judgment delivered recently.
Also on the panel hearing the appeal were Justices See Mee Chun and Lim Chong Fong.
The suit was brought by Dr Neville Anak Michael Gomis, the administrator of the estate of his late wife, Dr Maisarah Repin, who died nine days after childbirth.
Neville had named the anaesthetist, a consultant obstetrician and gynaecologist, and Mahkota Medical Centre as defendants.
He obtained judgment in the High Court against the anaesthetist and also successfully held the hospital liable vicariously and for its failure to perform a non-delegable duty.
However, the suit against the obstetrician and gynaecologist was dismissed.
The High Court also allowed the hospital’s claim for a contribution and indemnity from the anaesthetist, making him or his insurance company liable to bear its damages.
The trial judge had awarded a total of RM1.8 million in damages, consisting of general damages of RM100,000, aggravated damages of RM500,000 (which was reduced on appeal), loss of income (RM998,400), pre-trial damages (RM48,000) and future damages (RM144,000).
Maisarah, 28, was a doctor attached to the Melaka General Hospital but had opted to deliver her baby at the private hospital.
At about 6pm on Dec 12, 2015, she was admitted to the medical centre, and gave birth to a girl via normal delivery at 12.55am the following day.
However, an hour later she began to bleed and was admitted to the hospital’s intensive care unit (ICU).
The obstetrician and gynaecologist called for the anaesthetist to administer epidural anaesthesia to reduce the patient’s pain.
An erroneous attempt was made to insert a central venous line (CVL) into the left side of the patient’s neck to administer medicine which resulted in the opening of a conduit for an air embolism. The attempted left CVL was not recorded in the medical records.
Subsequently, a CVL was inserted on the right side of the patient’s neck.
After the patient was returned to the general ward, she collapsed and was re-admitted to the ICU but her condition worsened.
She was eventually transferred by her family to the general hospital but died on Dec 21, 2015.
Azahari noted that the trial judge had made a finding of fact that the anaesthetist was responsible for the failed CVL insertion attempt.
“This is a finding of fact that we, at the appeal stage, should not interfere with unless it is shown that the trial judge had fundamentally misdirected himself,” he added.
The trial judge had also accepted expert testimony that the failed procedure had materially contributed to the patient’s death.
“It follows that the person who had attempted the unsuccessful insertion of the CVL on the left side of the deceased’s neck should be responsible for the death,” Azahari said in his written judgment.
Counsel Barvina Punnusamy and Sabrina Ahmad Kamal appeared for the anaesthetist, Felix Raj and Ahmad Aizek Busu for the private hospital, and Fazliza Ali and Aw Ee Va for the obstetrician and gynaecologist.
Manmohan Singh Dhillon and Alicia Chin represented the deceased’s estate.
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