22-Year-Old M'sian Wins RM1.1 Million Negligence Suit Over Surgical Injury To Right Hand
Since 2017, she has undergone a total of eight surgeries on her right hand.
A 22-year-old Malaysian woman was awarded RM1.1 million in damages for medical negligence after suffering a permanent nerve injury during surgery
According to the New Straits Times, High Court Judicial Commissioner Suzana Muhamad Said ruled that Gleneagles Hospital Kuala Lumpur and its Orthopaedic and Trauma consultant, Datuk Seri Dr Zulkharnain Ismail, were liable in the case brought by Nurul Iman Abu Mansor.
In December 2017, Nurul Iman experienced pain and persistent numbness in her right hand and was diagnosed with carpal tunnel syndrome
Following Dr Zulkharnain's recommendation, she underwent surgery in January 2018 to improve her hand's function. However, she continued to experience increased pain, prompting a second surgery in June 2018.
After the second procedure, Nurul Iman reported even more pain and lost sensation in three fingers of her right hand.
Seeking further treatment at Subang Jaya Medical Centre, she was diagnosed with median nerve issues.
In April 2019, she underwent corrective surgery, which was performed by Dr Jamari Sapuan, a hand and microsurgeon at Universiti Kebangsaan Malaysia Specialist Centre (UKMSC), who found that her median nerve had been resected (cut out).
Nurul Iman filed a lawsuit against Dr Zulkharnain, alleging that he negligently resected her median nerve during her first surgery and failed to provide timely medical care for the resulting complication
Despite the corrective surgeries, Nurul Iman said she still suffers from median nerve palsy, limiting her ability to perform daily tasks.
Dr Zulkharnain denied these claims, asserting he acted in the best interest of his patients and provided adequate information regarding her condition.
In her judgment, Suzana stated that Dr Zulkharnain breached his duty of care by failing to inform Nurul Iman and her father about the risks of median nerve injury
The judicial commissioner concluded that the nerve had been negligently cut during the January 2018 surgery, and there was a delay in recognising the 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," she said.
She added that the plaintiff has undergone a total of eight surgeries on her right hand, including two at Gleneagles and six at UKMSC, which have resulted in significant trauma and psychiatric injury.
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