Wai Hong and Brenda explain a significant decision on
medical negligence by the Federal Court.
BACKGROUND FACTS
The recent decision of the Federal Court in Dr Hari Krishnan
& Anor v Megat Noor Ishak bin Megat Ibrahim & Anor and
another appeal [2018] 3 CLJ 427 arose from a medical
negligence claim. The patient underwent an eye operation for
retinal detachment and bucked on the operating table leading to
blindness in one eye.
After a full trial, the High Court held that the surgeon and the
anaesthetist (collectively "doctors") involved in the
procedure were negligent in the diagnosis and treatment of the
patient and in failing to warn the patient of the risks in the
operation. The High Court also found the private hospital where the
operation was carried out, vicariously liable for the negligence of
the doctors. The patient was awarded RM200,000 as general damages
and an unprecedented sum of RM1,000,000 as aggravated damages.
