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The Court of Appeal has dismissed an ophthalmologist's appeal to overturn a High Court ruling that ordered him to pay his former patient RM1.28 million for medical negligence
According to Bernama, a three-member bench, led by Datuk Dr Choo Kah Sing, ruled in favour of 39-year-old mechanic Loganathan Ail Thiagarajan, unanimously dismissing ophthalmologist Dr Lee Mun Toong's appeal as without merit.
Choo said the High Court did not err in law or fact in accepting Loganathan's account, adding that the trial court was the best arbiter of the facts.
"The sum awarded is not excessively high nor manifestly low. Hence, there is no error that warrants this court to interfere with the award," he said.
The appellate court upheld the High Court's ruling and ordered Dr Lee to pay Loganathan the damages and an additional RM30,000 in legal costs.
On 6 July 2011, Loganathan sustained a left-eye injury after being struck by a hard object while using a hammer to open a component of an engine compressor
Dr Lee initially performed a minor surgery on Loganathan's eyelid to suture the wound, followed by another procedure the next day under general anaesthesia.
His eye was bandaged, and he was assured that he would recover fully, as no intraocular foreign body was detected.
However, Loganathan continued to experience severe pain and blurred vision in the following days, prompting Dr Lee to perform a CT scan.
The examination revealed a foreign body lodged in the injured eye, and Loganathan sought treatment at another hospital, where a specialist discovered that the eye had become infected.
On 12 July 2011, he underwent surgery at Hospital Selayang to remove the object. Despite the procedure, he developed glaucoma and permanently lost vision in his left eye, reported Bernama.
In July 2023, the High Court ruled that Dr Lee had committed medical negligence
The court rejected Dr Lee's defence that Loganathan had refused a CT scan on 8 July 2011 due to headaches.
The ophthalmologist was ordered to pay Loganathan a total of RM1,284,870.59, broken down as follows:
• General damages: RM200,000
• Medication and treatment for glaucoma: RM250,000
• Psychiatric illness: RM50,000
• Special damages: RM6,893.79
• Travelling expenses: RM1,000
• Home nursing care: RM1,000
• Loss of actual income: RM22,056.80
• Partial loss of future income: RM253,920
• Aggravated damages: RM500,000
Dr Lee subsequently filed an appeal to the Court of Appeal.
During the proceeding, Loganathan's lawyer, Balakrishna Balaravi Pillai, argued that Dr Lee only ordered the CT scan six days after the injury, by which time the eye was severely infected, making the subsequent surgery to remove the foreign object more complicated.
