KUALA LUMPUR: A bank messenger left with a severely disabled right arm has been granted more than RM850,000 in damages in a medical negligence suit.
The Klang High Court on Dec 20 ruled in favour of the plaintiff, Fahmi Hata, 38, whom the defendants (an orthopaedic surgeon and a plastic surgeon) had treated following a road accident 10 years ago.
The surgeons had agreed that liability be apportioned 65:35 between them and all parties are appealing against the quantum of damages awarded.
Justice Azmi Abdullah in a written judgement awarded Fahmi RM200,000 as general damages for pain and suffering and loss of amenities of life as the injuries sustained were permanent and serious.
The judge also awarded him RM130,000 in aggravated damages, RM511,066.86 for hospital and medical expenses, RM10,000 for travel and incidental expenses incurred and 10,000 in costs.
Fahmi had initially also named KPJ Klang Specialist Hospital as a co-defendant but discontinued the action against the hospital after it agreed to pay him an ex-gratia sum of RM20,000 without admission of liability.
The facts of the case revealed that Fahmi was returning from work when the motorcycle he was riding skidded, causing his right arm to hit a metal rail along the road before he fell into a drain.
He was taken to the Serdang Hospital, the nearest government hospital, where he was diagnosed to have sustained an open fracture of his right humerus and fractures of two metacarpal bones.
He was told that his employer would bear the treatment costs at private hospitals, hence his decision to be transferred to KPJ Klang, which was closer to his home.