Thinnagaran a/l Pechumuthu v Kerajaan Malaysia & Ors [2024] MLJU 3433

Summary​

In 2016, the patient was involved in a collision with a car while riding his motorcycle. He was transported to Taiping Hospital, where efforts were made to prevent Fat Embolism Syndrome (FES), a potentially life-threatening condition caused by fat particles entering the bloodstream due to multiple long bone fractures sustained in the accident. FES can result in symptoms such as respiratory distress, neurological confusion, and red rash-like spots on the skin. ​

It was claimed that the patient’s condition was not monitored by anyone, despite his high risk of developing FES, which he subsequently experienced. Doctors opted to stabilise his condition before conducting surgery later that day. However, by that time, an MRI scan revealed that he had suffered a brain injury caused by a lack of oxygen and blood flow.​

In 2024, the court ruled ín the patient’s favor, that the patient’s permanent brain damage could have been prevented if the defendants had properly diagnosed, treated, and closely monitored him after his admission. The court further stated that the injuries sustained in the hospital were a direct result of the defendants’ breach of their duty of care.

Compensation Received:​

RM1.8 million:-​

  • General Damages: RM350,000​
  • Aggravated Damages: RM300,000​
  • Special Damages: RM134,979.04​
  • Loss of Earning Capacity: RM153,600​
  • Costs: RM150,000​
  • Future General Damages: RM721,500​
  • Out of Pocket Expenses: RM59,979