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Court Orders Doctor To Pay More Than RM165,000 In Damages Due To Negligence

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SHAH ALAM: The Sessions Court here has ordered a private hospital doctor to pay RM165,375.81 in damages to a woman due to negligence during a Caesarean section, less than four years ago.

Judge Datin Nursinah Adzmi made the decision in her chambers today, when allowing lawyer Noorziana Md Yusuf’s suit against obstetrics and gynaecology specialist Dr Fatima Najla KM Muhd.

In the suit, Dr Fatima was first defendant while private hospital, Kelana Jaya Medical Centre (KJMC) was named as second defendant.

Nursinah, in her judgment said Noorziana managed to prove Dr Fatima Najla’s negligence during surgery which caused the lawyer pain, complications and injuries.

On Dec 6, 2012, Noorziana was warded at the KJMC near here, where she gave birth to her fourth child via Caesarean section which was handled by Dr Fatima Najla.

“She suffered vaginal and urine leakage after the surgery, and a ‘Cystogram’ test confirmed she experienced ‘Vesico-Uterine Fistula’ (injury to the bladder channel).

“In this case, the first defendant (Dr Fatima Najla) admits to being fully responsible for injuries and complications suffered by the plaintiff,” said Nursinah.

The court ordered Dr Fatima Najla to pay RM50,000 in compensation for pain and suffering; RM100,000 in general damages; RM14,675.81 in special damages; RM700 for shuttle costs; costs according to scale and interest of five per cent per annum on general damages, 2.5 per cent a year on special damages, and five per cent per annum for the total cost of the hearing.

Noorziana when met, said she hoped the case would serve as a lesson to the public and medical practitioners so that similar incidents did not recur.

She was represented by counsel Azmer Md Saad.



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