An ophthalmologist lost his appeal at the Court of Appeal and must pay nearly RM1.3 million in damages after being found liable for medical negligence that left a mechanic blind in his left eye fifteen years ago.
A three-member appeals court bench chaired by Justice Choo Kah Sing said the High Court judge did not err in fact or law in concluding that the eye surgeon was liable, after accepting plaintiff T Loganathan’s version of events.
The High Court had awarded Loganathan RM200,000 in general damages for pain and suffering, RM500,000 in aggravated damages, and almost RM585,000 for future medication, treatment and partial loss of future income.
“The quantum of damages is not excessive nor too low. There is no error in the award,” said Choo, who sat with Justices Shahnaz Sulaiman and Latifah Tahar.
The bench also awarded Loganathan RM30,000 in costs.
Lawyer Balakrishna Balaravi Pillai appeared for Loganathan, while counsel Fazleeza Azli and Goh Lee Ding represented the doctor.
In his statement of claim, Loganathan said he had used a hammer in the course of work to open part of an engine compressor, when a hard object struck his left eye and caused it to bleed.
He was taken to a private clinic on July 6, 2011, but later was taken on advice to a private hospital in Ipoh where the doctor, named as the sole defendant in the case, examined him.
The doctor performed a minor surgery on the eyelid to stitch up the wound.
The following day, the doctor conducted another surgery under general anaesthesia, following which Loganathan’s eye was bandaged.