Judicial commissioner Suzana Said ruled that the plaintiff, Nurul Iman Abu Mansor, had proven her case on a balance of probabilities against Gleneagles Hospital Kuala Lumpur Sdn Bhd and the surgeon, an independent contractor who performed the surgery.
Suzana also awarded Nurul Iman costs of RM150,000.
In a 29-page judgment uploaded on the judiciary’s website on Monday, Suzana said the hospital had assumed a non-delegable duty of care that it owed personally to Nurul Iman, a patient who was admitted to the hospital for its services.
“The plaintiff is indeed in a vulnerable position and is totally reliant on the defendants for her care and treatment,” she said.
She found that Nurul Iman was not told of any potential complications or the risks associated with the operation. She said these were not mentioned in the consent form or recorded in any of the medical records.
“The plaintiff and her father had testified that they were told that it was a simple operation and that no risks were mentioned to them,” the judgment read.
Nurul Iman, then aged 17, suffered “catastrophic injuries” to her right hand following the surgery.
“Since 2017, the plaintiff has had to undergo a total of eight operations on her right hand, including two at Gleneagles KL and six further operations at Universiti Kebangsaan Malaysia Specialist Centre (UKMSC).”
The judge said Dr Jamari Sapuan, a hand and micro surgeon at UKMSC, had diagnosed the cut injury to her right median nerve. He undertook corrective surgery and administered medical treatment over a period of four years and two months.
“As a result of the negligence of the defendants, the plaintiff is unable to use her right hand which is her dominant right hand.
“She has difficulties in doing activities requiring right hand and bimanual hand function,” Suzana said, adding that Nurul Iman needs assistance in her daily living activities.
Susana said Jamari’s expert opinion on the matter was “reasonable, respectable and responsible and supports logical analysis”.
“This court finds that the median nerve had been negligently cut during the operation undertaken on Jan 23, 2018, and that there was a delay in identifying the cut injury and providing corrective treatment.
“It is indisputable that the median nerve cut injury was caused or materially contributed by the negligence of the defendants,” the judgment read.
Separately, the court dismissed the hospital’s claim against the surgeon for a contribution and indemnity for liability incurred to Nurul Iman attributable to his negligence.
Susana cited a Federal Court decision which held that a defendant who owes a non-delegable duty of care remains liable regardless of whom it may have engaged to carry out that duty.
Lawyer Manmohan Singh Dhillon represented Nurul Iman, Aw Ee Va appeared for the hospital while Satiesh K Purushotman acted for the surgeon.