A 22-year-old Malaysian man has secured a major victory in court after being awarded a total of RM7.4 million in damages in a medical negligence case brought against a government hospital and its doctors.
According to a report by FMT, the award was granted following a damage assessment after the government conceded liability. During the assessment hearing, the plaintiffs – K. Vimal Raj and his father, J. Krishnasamy, 51 – called 11 expert witnesses, while the government called four.
What happened to K. Vimal Raj?
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Image Credit: FMT
Based on court documents, Vimal was a relatively healthy individual with no critical illnesses or genetic conditions, except for an allergic reaction in his genital area.
Timeline of events:
January 15, 2019
Vimal, still a minor at the time, was sent to Ampang Hospital, where he was diagnosed with balanitis. Although the condition was considered treatable, he was discharged just two days later despite not having fully recovered.
January 23, 2019
Vimal collapsed at home and was rushed to the emergency department, where he slipped into a coma and was placed in the Intensive Care Unit (ICU).
Krishnasamy alleged that one of the attending medical personnel instructed him to sign a blank consent form without explaining the risks or the type of treatment and medication that would be administered to Vimal.
The next day, Krishnasamy noticed something was wrong when his son's toes and hands had turned black and swollen. He added that hospital staff did not provide any updates on his son's worsening condition.
March – November 2019
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Vimal underwent multiple amputations: his left hand below the elbow, right leg below the knee, and left heel and toes, leaving him permanently disabled.
2020
Krishnasamy filed a lawsuit naming the Health Ministry, Ampang Hospital, three doctors, and the government as defendants.
In the suit, where he sought RM18.3 million in damages, Krishnasamy stated that he had to quit his job to care for Vimal, while his wife, a security guard, became the family's sole breadwinner.
Breakdown of the RM7.4 million awarded
Kuala Lumpur High Court Judge Justice Su Tiang Joo awarded:
- RM6.4 million for the purchase of one robotic arm and two prosthetic legs
- RM213,000 for pain and suffering due to the amputations
- RM180,000 for home care
- RM20,000 in aggravated damages
However, the court disallowed Krishnasamy’s claim for loss of earnings, citing a lack of documentary evidence.
Additionally, Vimal and Krishnasamy were awarded RM200,000 in legal costs.
Featured Image Credit: FMT, Difference Between