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Tuesday December 31, 2013 MYT 12:00:00 AM
Tuesday December 31, 2013 MYT 6:53:12 AM
by m. mageswari
KUALA LUMPUR: A community leader cancelled his bid at the eleventh hour to seal the assets of the Universiti Kebangsaan Malaysia (UKM) Medical Centre after getting an undertaking that damages resulting from the revelation of his psychiatric medical records would be paid within a week.
Court bailiffs Badrul Ridzuan and Yahya Madon went to the centre to serve the writ of seizure and to seal all movable assets belonging to the centre’s director at 11.30am yesterday.
However, lead lawyer Muhammad Zaim Azfar Jalaludin said they decided not to proceed on the matter upon getting an undertaking for the payment next Monday.
“I got a letter where they have agreed to pay the damages, costs and interest a week from now, so we decided not to seal the assets,” Muhammad Zaim told reporters at the medical centre.
“I genuinely believe they will keep to their word,” he said, adding the High Court has set Jan 16 to hear a stay application by the medical centre’s director and UKM against the civil judgment pending an appeal.
The High Court had, on Oct 30, awarded RM400,000 to Mohd Zairi Rasidi Abd Hadi, the Rukun Tetangga chairman of PPR Kampung Muhibbah II and a Cheras Rela member, after he won a suit against the UKM Medical Centre director, the university and two others for wrongful dissemination of his psychiatric medical records.
The two others named as defendants were residents of PPR Kampung Muhibbah, Khairulnizam Nordin and Zulkefli Mohd Rusly.
Of the sum, the centre’s director and UKM were to pay RM200,000 to Mohd Zairi Rasidi in general damages while the other RM200,000 has to be paid by Khairulnizam and Zulkefli.
The court also directed the four defendants to pay RM25,000 in costs.
During the trial, a witness had testified that he saw Khairulnizam and Zulkefli distributing copies of documents containing Mohd Zairi Rasidi’s personal details and medical records to the residents of the housing settlement in Puchong.
Judicial commissioner Vazeer Alam Mydin Meera had said then Mohd Zairi Rasidi’s good name was tarnished by the breach of duty of confidentiality by the medical centre and UKM.
He ruled that medical professionals and hospitals must take the duty of confidentiality seriously.
In his statement of claim filed on Nov 7 last year, Mohd Zairi Rasidi, 36, said due to being active in the Rukun Tetangga and Rela he felt mental pressure, stress and migraine from time to time and had registered with the hospital’s psychiatric clinic as a patient.
In their defence, the director and UKM said they had never disclosed any personal information of the plaintiff to others.
Tags / Keywords:
Courts & Crime, Family & Community, seal, ukm, ukm medical centre, rukun tetangga
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