Datin Nor Rizam Bt Abdul Wahab (Menyaman Sebagai Pentadbir Estet Dato’ Ir Zainudin Bin A Kadir) V Pusat Pakar Tawakal Sdn Bhd & Ors [2024] MLJU 1292
Summary
In 2024, the KL High Court awarded RM5.1 million in damages to the estate of Datuk Zainudin A. Kadir, the former CEO of Projek Lintasan Kota Holdings Sdn Bhd (Prolintas), due to medical negligence that led to his brain damage.
In February 2016, Zainudin was admitted to Pusat Pakar Tawakal Sdn Bhd for nasal surgery. The hospital’s protocol required a one-hour observation in the recovery bay after anaesthesia reversal, but Zainudin was only monitored for 25 minutes. Post-surgery, he experienced complications, including a misplacement of the endotracheal tube into his esophagus instead of the trachea, resulting in severe brain damage. After the surgery, he was moved to a VIP ward where the oxygen adapter was missing. He was discharged in April 2016 and passed away in 2021.
The court found the hospital and two specialist doctors liable for negligence, citing their failure to adhere to standard medical procedures.
Compensation Received:
RM5.1 million:-
- Loss of earnings: RM4,090,000.00
- Pain & suffering: RM500,000.00
- Cost of hiring caregivers: RM269,500.00