Court of Appeal Upholds RM1.28m Compensation in Medical Negligence Case
PUTRAJAYA — The Court of Appeal today rejected an appeal by an ophthalmologist seeking to overturn a High Court ruling that found him liable for medical negligence which resulted in a mechanic losing sight in one eye.
A three-member panel comprising Datuk Dr Choo Kah Sing, Datuk Dr Shahnaz Sulaiman and Datuk Sri Latifah Mohd Tahar unanimously dismissed the doctor’s appeal, ruling that the application lacked merit.
The decision effectively upholds the earlier High Court order requiring the ophthalmologist to pay RM1.28 million in damages to the plaintiff, T. Loganathan.
Delivering the judgment, Justice Dr Choo said the appellate court found no error of law or fact in the High Court’s findings.
He explained that the trial court was in the best position to evaluate the facts of the case and assess witness credibility.
“The damages awarded are neither excessive nor manifestly inadequate, and therefore there is no basis for this court to interfere,” he said.
The court also ordered the appellant to pay RM30,000 in legal costs.
Loganathan had filed the lawsuit alleging that the ophthalmologist failed to detect and promptly remove a foreign object lodged in his left eye, which eventually caused infection, glaucoma and permanent vision loss.
The 39-year-old mechanic said the injury occurred on July 6, 2011 while he was using a hammer to open a component of an engine compressor when a hard object struck his eye.
He sought medical treatment from the ophthalmologist, who initially performed minor surgery to stitch a wound on the eyelid.
The following day, another surgical procedure was carried out under general anaesthesia, after which the injured eye was bandaged.
Loganathan said the doctor assured him that no foreign object was present in the eye and that the injury would heal completely.
However, he continued to experience severe pain and blurred vision in the days following the surgery.
A CT scan was later conducted after his complaints persisted, which revealed that a foreign object was still lodged inside the injured eye.
Loganathan subsequently sought further treatment at Raja Permaisuri Bainun Hospital in Ipoh, where specialists discovered that the eye had developed a serious infection.
He was later admitted to Selayang Hospital on July 12, 2011 where surgeons removed the object.
Despite the operation, Loganathan developed glaucoma and permanently lost sight in his left eye.
In his defence, the ophthalmologist claimed that he had recommended a CT scan on July 8, 2011 to rule out the presence of a foreign object, but alleged that Loganathan declined the procedure due to headaches.
The doctor also said the patient had been advised to seek further examination and treatment in Kuala Lumpur.
In July 2023, the High Court ruled that Loganathan had successfully established medical negligence against the ophthalmologist.
The court awarded several categories of compensation, including RM200,000 in general damages, RM250,000 for glaucoma treatment and medication, RM50,000 for psychiatric illness, and RM500,000 in aggravated damages.
Additional damages were also granted for medical costs, travel expenses, home nursing care, and loss of income.
High Court judge Datuk Bhupindar Singh Gurcharan Singh Preet found that the doctor failed to order a CT scan early enough to detect the foreign object.
The delay allowed the object to remain inside the eye, leading to infection and ultimately resulting in glaucoma and permanent loss of vision.
The ophthalmologist later filed an appeal against the ruling, but the Court of Appeal has now upheld the High Court’s decision.
-wilayah.com.my
