Cover image via FMT
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The Kuala Lumpur High Court has awarded RM7.4 million in damages to a 22-year-old man who lost his limbs following a series of surgeries six years ago, in a medical negligence lawsuit against a government hospital and its doctors
Justice Su Tiang Joo awarded K Vimal Raj a total of RM6.4 million for the purchase of two robotic arms and a prosthetic leg, as well as RM213,000 for pain and suffering resulting from multiple amputations.
Vimal was also awarded RM180,000 for home care and RM20,000 in aggravated damages. His father, J Krishnasamy, 51, however, was denied compensation for loss of earnings as a truck driver due to a lack of documentary proof.
Krishnasamy said he was forced to quit his job as a truck driver to care for his son, while his wife, a security guard, became the family's sole breadwinner.
"There was no documentary evidence submitted to prove his case," Su said in his judgment, as reported by FMT.
Vimal and his father had initially sought a total of RM18.3 million in damages.
The RM7.4 million award came after an assessment of damages, following the government's concession of liability for negligence. During the hearing, the plaintiffs called 11 expert witnesses, while the government called four.
Vimal and his father were also awarded RM200,000 in legal costs.
They were represented by lawyers Brijnandan Singh Bhar, Harwindar Kaur, Dhanesh Subramaniam Nair, Nathasha Bhar, Jasween Kaur, Keshvinder Kaur, and R Vinushini.
Federal counsel Siti Asmath Che Man appeared for the government.
K Vimal Raj (seated in a wheelchair), his father J Krishnasamy (fourth from left), and their lawyers after today's verdict.
Image via FMTAccording to the background of the case, Krishnasamy, a former lorry driver, first filed the lawsuit in 2020 when Vimal was still a minor
The father had named the Health Ministry, Ampang Hospital, three doctors, and the government as defendants, according to FMT.
After Vimal turned 18, he was added as a co-plaintiff.
The claims against the hospital and its doctors were later withdrawn after the government accepted vicarious liability for their actions.
According to court documents, Vimal was a healthy teenager with no critical illnesses apart from an allergic reaction in his genital area. On 15 January 2019, he was admitted to Ampang Hospital and diagnosed with balanitis, an inflammation of the glans penis, a treatable infection.
He was discharged just two days later despite not having fully recovered. Shortly after returning home, he lost consciousness and was rushed back to the hospital's emergency department.
By 23 January, Vimal had fallen into a coma and was placed in intensive care.
His father alleged that a medical staff member instructed him to sign a blank consent form without explaining the nature or risks of the treatment
The next day, Krishnasamy noticed that Vimal's hands and toes had turned black and swollen. He said the medical team failed to explain his son's deteriorating condition.
Between March and November 2019, Vimal underwent a series of amputations, including his left hand below the elbow, right leg below the knee, and part of his left heel and toes, leaving him permanently disabled.
