A freelance videographer wins a larger payout after the Court of Appeal increased his damages for medical negligence following a botched leg injury diagnosis.
PUTRAJAYA: The Court of Appeal has increased the damages awarded to a freelance videographer for medical negligence to RM1.28 million.
A three-member panel led by Justice Datuk Dr Choo Kah Sing partly allowed Wee You Kheong’s appeal on the quantum of damages.
The panel ordered Putra Specialist Hospital (Melaka) Sdn Bhd and Dr Zulkefli Abdul Rashid to each pay RM30,000 in legal costs.
In July last year, the High Court awarded Wee RM783,011.88 in damages along with RM190,000 in legal costs, ruling both the hospital and specialist liable.
The Court of Appeal’s decision today increased the total damages by RM501,694.
Justice Dr Choo increased the award for family care from RM6,000 to RM9,600 and the cost of a prosthetic leg from RM21,095 to RM42,188.
General damages for pain and suffering were raised from RM125,000 to RM300,000.
The court also granted aggravated damages of RM300,000 and RM2,000 for home modifications, which were not awarded by the High Court.
Wee, 60, was severely injured in a road accident along the North/South Highway in August 2015.
The van he was travelling in crashed into the rear of a lorry, causing severe injury to his left leg.
He filed a civil suit against the van driver, the van owner, the hospital and the specialist.
The High Court found the van driver and owner negligent and ordered them to pay RM101,574 to Wee.
It held the hospital and specialist responsible for medical negligence due to misdiagnosis and delay in diagnosing a vascular injury.
Wee appealed to the Court of Appeal on the quantum against the hospital and the specialist.
The hospital, specialist, van driver and owner did not appeal the High Court’s decision.
Wee was represented by lawyers K. Karthi, Alicia Chin and Lee Xin Yu in today’s proceeding.
Lawyers Nik Mohd Hasrul Nik Hamdan and Navamalar A. Ganesan represented the hospital and the specialist respectively.
