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The High Court has awarded more than RM430,000 in damages to a widow after ruling that her husband's death was caused by medical negligence following a radical cancer operation at Shah Alam Hospital
Judicial Commissioner Shoba Dorai Rajah determined that doctors had failed to inform the deceased, Syed Mohd Gawi Syed Agil, of a recognised, less invasive treatment option before performing major surgery to remove his stomach and part of his oesophagus, according to the New Straits Times.
Nornahaniah Mohd Embong filed the suit as the administrator of her late husband's estate and on behalf of his dependants, naming the Government of Malaysia and 14 medical practitioners as defendants.
Syed Mohd Gawi, a father of five, underwent a total gastrectomy and distal oesophagectomy on 13 May 2020 after being diagnosed with early-stage cancer at the gastro-oesophageal junction.
The court highlighted that defence witnesses admitted during cross-examination that endoscopic resection was a valid and recognised alternative that should have been discussed with the patient
However, the medical team did not present this non-invasive approach to the deceased as an available treatment option, an omission the judge found was sufficient on its own to establish negligence. Post-operative pathology reports also later showed that there was no residual tumour in the removed stomach tissue.
Judicial Commissioner Shoba noted that the medical team altered the surgical plan from a proximal gastrectomy to a total gastrectomy without obtaining proper informed consent or explaining the heightened risks associated with the procedure.
During the operation, surgeons caused an intraoperative tear to the patient's oesophagus due to a lack of reasonable skill while inserting a surgical stapler. This complication required an unplanned thoracotomy, which involved opening the chest cavity and collapsing the left lung, leading to further medical complications.
Following the surgery, the patient remained hospitalised for 63 days, suffering from severe bleeding, infections, an oesophageal tear, and repeated invasive procedures before passing away on 15 July 2020
The High Court ordered the defendants to pay a total of RM430,936.15, comprising RM250,000 in general damages, RM30,936.15 in special damages, and RM150,000 in aggravated damages.
The court imposed aggravated damages after finding evidence that the release of medical records had been obstructed and that material facts had been deliberately concealed, affecting the independent evaluation of the case.
