Man wins RM300K in hospital negligence suit

  • Nation
  • Saturday, 08 Dec 2018

Happier days: Lee and his wife Tay on holiday in 2013. Tay died of dengue at a private hospital in 2014.

JOHOR BARU: A businessman who was awarded almost RM300,000 in a medical negligence suit, says he sued the specialist and private hospital to ensure medical practitioners take their jobs seriously.

While he is fully aware that the suit would not bring his wife back, Lee Kong Yong, 67, hopes the outcome of the suit would create awareness among those who feel that their loved ones are not properly treated in private hospitals.

“I didn’t do this for the money. In fact, many people advised me not to sue (the hospital and the specialist) but I went ahead as I wanted justice.

“I will speak to my children and if possible, would donate part of the award to a non-governmental organisation that deals in health and medical care for the less fortunate,” he said.

Lee, who runs a vehicle spare parts business, filed a medical suit against the specialist and the private hospital last year over the death of his wife due to dengue four years ago.

A Sessions Court here which heard the case awarded Lee RM288,494 in damages. Judge Sabariah Atan in her judgement said that the specialist was 80% liable while the private hospital was 20% liable for the death of Tay Yang Boey, 55, at the hospital on June 16, 2014.

Among the special damages awarded included travel cost of the family to the hospital, medical costs, the cost for the bereavement, cost for the burial and wake, aggravated damages, cost to purchase a plot and tombstone and cost to hire a maid.

The award also included RM30,000 for pain and suffering for the three days that Tay was admitted to the hospital between June 14 and 16 of 2014.

Lawyers N. Jegatheeson and R. Jayabalan represented the plaintiff while the specialist and hospital were represented by their own lawyers.

During the trial, retired health deputy director-general Datuk Seri Dr Jeyaindran Sinnadurai was also called in as an expert witness for Lee.

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