PETALING JAYA: A 38-year-old bank messenger who suffered permanent disability in his right arm has been awarded over RM850,000 in damages after winning a medical negligence lawsuit.
The Klang High Court ruled in favour of Fahmi Hata on December 20, finding two surgeons—an orthopaedic specialist and a plastic surgeon—liable for his condition following treatment he received after a road accident a decade ago, New Straits Times reported.
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The court determined liability to be shared 65:35 between the two surgeons. Both parties are appealing the quantum of damages.
In his written judgment, Justice Azmi Abdullah awarded Fahmi RM200,000 in general damages for pain, suffering, and loss of amenities, noting that his injuries were “permanent and serious.”
Additional awards included RM130,000 in aggravated damages, RM511,066.86 for hospital and medical expenses, RM10,000 for travel and incidental costs, and RM10,000 in legal costs.
Fahmi had initially filed a suit against KPJ Klang Specialist Hospital as well but later dropped the action after the hospital agreed to pay him an ex-gratia sum of RM20,000 without admitting liability.
The incident occurred when Fahmi’s motorcycle skidded, causing his right arm to hit a metal railing before he fell into a drain. He was rushed to Serdang Hospital and diagnosed with an open fracture of his humerus and fractures in two metacarpal bones.
After being informed that his employer would cover private treatment costs, Fahmi opted to transfer to KPJ Klang, which was closer to his residence.
