Woman wins RM400k in suit over botched hysterectomy at govt hospital in Johor
KUALA LUMPUR: The High Court in Johor awarded RM400,815.45 in damages to a woman who suffered long-term complications after undergoing a botched surgery to remove her uterus (hysterectomy) at a government hospital in 2018.
The 43-year-old mother sued the government, Hospital Sultan Ismail and several doctors for medical negligence after developing a vesicovaginal fistula (VVF), a condition that causes persistent urine leakage following the surgery.
According to the court document, the woman (plaintiff) underwent a total abdominal hysterectomy with Bilateral Salpingo-Oophorectomy (TAHBSO), on Dec 24, 2018, to address prolonged uterine bleeding.
TAHBSO is a surgical procedure where the uterus, cervix, ovaries, and fallopian tubes are removed through an abdominal incision.
However, the surgery led to a cascade of complications including internal bleeding, severe infection, incontinence, incisional hernia, and depression.
The plaintiff required several follow-up surgeries and was eventually forced to seek treatment in Chennai, Indian in 2020 for corrective treatment, which successfully resolved her condition.
On Dec 8, 2021, the plaintiff filed a writ of summons against the defendants, alleging medical negligence that caused her to suffer serious injuries.
On Dec 1, 2022, the government who was the first defendant in the lawsuit agreed to accept full responsibility for the matter.
Judge Datuk Seri Shamsulbahri Ibrahim said although the medical team had performed the surgery according to standard protocol, they failed to prevent or adequately respond to the post-surgical complications.
"This is a medical negligence case... there is no evidence to show the defendants acted with ill will.
"In fact, they made repeated efforts to treat the plaintiff and manage the complications," he said in his ground of judgment published on the Judiciary website yesterday.
However, the court found that the plaintiff had endured significant pain, humiliation, and emotional distress during her recovery.
The court said the plaintiff endured more than a year of ongoing suffering, which included repeated infections, abdominal pain, urinary leakage through the vagina, loss of sexual intimacy and symptoms of depression.
"I find that a sum of RM300,000 is appropriate to be awarded to the plaintiff for the suffering she endured."
The court also awarded RM35,000 for loss of income, RM9,652 for medical treatment in India, RM9,921 for travel costs, RM6,300 for adult diapers, RM10,000 for an expert report, and RM2,030 for family visits to the hospital.
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