Court awards almost RM1.7mil in damages to Myanmar refugee in negligence suit

The Court of Appeal here has awarded a Myanmar refugee almost RM1.7mil in damages in a medical negligence lawsuit.

Feb 08, 2020

PUTRAJAYA: The Court of Appeal here has awarded a Myanmar refugee almost RM1.7mil in damages in a medical negligence lawsuit.

On Tuesday, Jan 28, a threemember bench comprising Justices Kamardin Hashim, Kamaludin Md Said and Nor Bee Ariffin allowed Henry Siang Len’s appeal on the quantum of damages, raising it to RM1,685,594 from RM734,000 awarded by the High Court previously.

Meanwhile, Justice Kamardin also dismissed the appeal by the respondent, Hospital Universiti Kebangsaan Malaysia (HUKM) and two doctors against the High Court’s ruling that Dr Caroline  Gunn could represent Siang Len and was properly authorised to act as his litigation representative.

Siang Len, 30, through his litigation representative Dr Gunn, had filed the suit in 2016 against HUKM, Dr Aminuddin Abdul Rashid and Dr Nazhatul Muna Ahmad Nasaruddin.

According to the facts of the case, Siang Len was to join his wife to resettle in the United States, but on Dec 24, 2010, the night before he was to fly to the US, he was assaulted by a group of people.

As a result of the assault, he suffered injuries in his mouth and also a fracture of his mandible and had sought treatment at HUKM.

Following a serious disastrous  event at the hospital, Siang Len suffered severe and irreversible brain damage and was given a massive overdose of a powerful anaesthetic drug, ketamine, five times the intended dose.

Siang Len is currently in a minimally conscious state and is dependent on others for all activities of daily living.

Following his discharge from hospital in 2011, he had been left under the care of Peter Favre Refugee Convalescence Home 1 (Perch 1), a nursing home for refugees.

Siang Len was represented by a team of lawyers led by P. S. Ranjan while counsel N. Sharmini represented the respondents.

Source: Bernama

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