PETALING JAYA: A woman, Nurul Iman Abu Mansor, has been awarded more than RM 1.1 million in damages after suffering permanent nerve damage from a botched surgical procedure at Gleneagles Hospital Kuala Lumpur. The case involved negligence claims against Datuk Seri Dr. Zulkharnain Ismail, an Orthopaedic and Trauma Surgeon at the hospital, who performed two surgeries on Nurul to treat her carpal tunnel syndrome.
Nurul, now 22 years old, had been experiencing persistent numbness and pain in her right hand before being diagnosed with carpal tunnel syndrome in December 2017. Following her diagnosis, Dr. Zulkharnain advised her to undergo surgery to alleviate the condition. However, after the first surgery in 2018, her condition worsened, with increased pain in her right hand. Despite multiple follow-up visits, the pain persisted.
In June 2018, Dr. Zulkharnain recommended a second surgery to correct the issue. Unfortunately, after the second procedure, Nurul lost sensation in three fingers on her right hand and experienced even greater pain than before. Alarmed by the lack of improvement, Nurul sought a second opinion at Subang Jaya Medical Centre, where she was diagnosed with “median nerve issues” affecting her three fingers. The doctors there advised her to undergo corrective surgery.
On April 8, 2019, Nurul underwent corrective surgery at Universiti Kebangsaan Malaysia Specialist Centre (UKMSC). The procedure was carried out by hand and microsurgeon Dr. Jamari Sapuan, who revealed that approximately 5 centimeters of her median nerve had been removed during the initial surgery. Despite the corrective efforts, Nurul continues to suffer from complications in her right hand, impacting her ability to perform daily tasks.
Nurul later claimed that Dr. Zulkharnain had "delayed" providing the necessary surgical and medical treatment for her complications following the median nerve injury. However, Dr. Zulkharnain denied these allegations, maintaining that he had acted in Nurul's best interests and had provided sufficient information and advice regarding her condition.
Kuala Lumpur High Court judicial commissioner Suzana Muhamad Said ruled in favor of Nurul, stating that Dr. Zulkharnain had breached his duty by failing to adequately inform both Nurul and her father about the risks of the surgery and her condition. The judge cited medical and expert evidence that confirmed the median nerve was resected during the surgery performed by Dr. Zulkharnain, which resulted in Nurul’s ongoing complications.
In her ruling, Suzana also noted that Nurul had suffered "psychiatric injury" due to the trauma and disabilities caused by the surgical procedure. The court found that the surgeon had not only been negligent but also had breached his contract and statutory duty to the patient. This ruling awarded Nurul more than RM 1.1 million in damages, acknowledging both the physical and emotional toll the botched surgeries had taken on her life.
(Input from various sources)
(Rehash/Ankur Deka/MSM)
