The Klang High Court has ordered two specialist doctors to pay a bank messenger left with a flail right arm more than RM850,000 in damages in a medical negligence suit.
Justice Azmi Abdullah 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.
He also ordered that the doctors—who had agreed that liability be apportioned 65:35 between them—to pay the plaintiff RM85,000 in costs.
All parties are appealing against the quantum of damages awarded.
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.
Azmi 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, and RM10,000 for travel and incidental expenses incurred.