Justice Noor Ruwena Nurdin said P Thinnagaran has proven his case on the balance of probabilities after a trial.
“This is indeed a tragic case in which the permanent damage, among others, to the plaintiff could have been avoided if the defendants (doctors) had properly diagnosed, treated and monitored him more closely after he was admitted following a motor vehicle accident,” she said in a 69-page judgment.
The court awarded general damages of RM350,000 for pain and suffering and loss of amenities, special damages of RM135,000, cost of future care of RM721,500, aggravated damages of RM300,000, loss of income of RM153,600 and out-of-pocket expenses of RM60,000.
Thinnagaran, who was represented by PA Sharon, R Krishnaveni and S Gowri, was also awarded RM150,000 in costs following a trial which began in 2021.
Senior federal counsel Norazlinawati Arshad represented the government, which has filed an appeal on liability and quantum.
Thinnagaran sustained bodily injuries when he was involved in an accident with a car on Jalan Trans-Krian while riding his motorcycle from home in Taman Mangga, Juru, heading towards Parit Buntar at about 1pm on Jan 2, 2016.
He was first brought to the Parit Buntar Hospital and later referred to the Taiping Hospital.
He had named the director of the Taiping Hospital, three doctors and the government as defendants.
The government was ordered to pay damages as it was found to be vicariously liable for the negligence of the doctors.
Due to concussions and multiple long fractures suffered, an operation had been suggested to prevent the occurrence of fat embolism syndrome (FES).
However, it was postponed as other emergency cases needed attention.
It was alleged that between 2am and 6.50am on Jan 3, 2016, an FES occurred with no one monitoring Thinnagaran. There was also a delay in intubating Thinnagaran after his diagnosis.
The operation was finally conducted at 8pm on Jan 3.
Following the operation, Thinnagaran developed acute respiratory distress syndrome due to fluid buildup in the lungs and low oxygen levels.
He was transferred to the normal ward on Jan 23. An MRI scan showed that he suffered hypoxic-ischaemic encephalopathy (HIE), a brain injury due a lack of oxygen and blood.
The judge said all the defendants’ experts and treating doctors admitted that there was a high possibility of FES occurring for a patient who had suffered multiple long bone fractures (polytrauma), and that Thinnagaran should have been monitored.
She said the collective breach of duty of care by the defendants resulted in Thinnagaran suffering cognitive impairment and having to rely on others for his personal needs.