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[Tempatan]
[VIDEO] Penolong jurutera MBSA hilang kaki angkara hospital cuai
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Tinot7 replied at 15-4-2024 07:33 PM
Hang tau ka sapa doktor yg bedah kat kay pee.. tu..
Tahu. Tp xnk revel sini lah. |
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kitaserupaaa replied at 15-4-2024 04:06 PM
Teringat kes doktor bius wanita rasanya yg mahkamah arahkan bayar saman berjuta kepada keluarga pati ...
Kes ni ka?
https://codeblue.galencentre.org/2024/03/07/in-landmark-ruling-federal-court-holds-private-hospital-liable-for-medical-negligence-rejects-defence-of-doctors-being-independent-contractors/
In Landmark Ruling, Federal Court Holds Private Hospital Liable For Medical Negligence, Rejects Defence Of Doctors Being ‘Independent Contractors’
By Boo Su-Lyn | 7 March 2024
In a landmark verdict on the case of a patient who sued Columbia Asia after suffering permanent mental and physical disability from brain damage, the Federal Court ruled that the private hospital is “liable personally” for the anaesthetist’s negligence.
KUALA LUMPUR, March 7 — In a landmark verdict that is set to change the practice of medicine in Malaysia, the Federal Court ruled that a private hospital is liable for medical negligence – beyond individual doctors.
The apex court made a 4-1 majority decision last February 23 to hold Columbia Asia Sdn Bhd, the owner and manager of Columbia Asia Hospital – Puchong, liable for negligence of Siow Ching Yee, a patient who suffered permanent mental and physical disabilities from severe brain damage after treatment as an emergency case in 2010 when he was then aged 35 years.
Crucially, the Federal Court rejected Columbia Asia’s defence that the doctors who treated Siow – a consultant ear, nose and throat (ENT) surgeon and a consultant anaesthetist – were “independent contractors” under contracts for services in its hospital in Selangor.
Columbia Asia had previously asserted at the High Court that in the event that either or both ENT surgeon Dr Megat Shiraz Megat Abd Rahman and anaesthetist Dr Noor Asilah Abdul Rahman were to be found liable for negligence, the private hospital itself was not vicariously liable, describing both doctors as operating as “independent contractors”, and not as Columbia Asia “employees or agents”.
However, the Federal Court’s majority ruling stated it is clear that Columbia Asia “has assumed a non-delegable duty of care that it owes personally to the appellant, a patient that is admitted to its emergency services”.
“The defence of independent contractor thus is not sustainable in law and on the facts and ought to have been rejected by the Courts below,” said the Federal Court’s full majority decision, written by Justice Mary Lim Thiam Suan.
Citing the Private Healthcare Facilities and Services Act (PHFSA) 1998, the Federal Court ruled that the intent of Act 586 and its regulations is that Columbia Asia assumes a “non-delegable duty of care” to Siow and remains “liable personally” for the negligence of the anaesthetist, regardless of the presence of other defendants as long as negligence is proven first.
According to the written judgement by the High Court in Shah Alam on November 30, 2020, Columbia Asia stressed that its responsibility as the owner and manager of Columbia Asia Hospital – Puchong was “merely to ensure the provision of facilities and medical equipment, including nursing staff”.
Columbia Asia – a Southeast Asian health care company that now operates 18 hospitals in Malaysia, including the recent launch of its Bukit Jalil hospital – had further said that “all diagnosis, medical advice including material risks and known complications, medical treatments, operations and referrals (if and when necessary) are the responsibility of the medical specialists”, including the ENT surgeon and anaesthetist “who practise as independent contractors” in Columbia Asia Hospital – Puchong.
However, the Federal Court interpreted the PHFSA 1998 (Act 586) as meaning that a private hospital is responsible “for not just the efficacy of premises or facilities, but also for the treatment and care of the patients; regardless how and who the responsibility may have been delegated to”.
“The elaborate, extensive and detailed provisions in both the parent Act and the Regulations are enacted for the purpose of ensuring patient safety and care whilst being treated in our private hospitals, private health care facilities and services, always remains paramount and to be observed by the private hospital or private health care facility or service itself,” said the Federal Court.
“Not only does common law no longer see hospitals as mere providers of premises, utilities, facilities or backup services for such treatment and care of the patient, the law provides that private hospitals are themselves providers of such care and treatment of the patient in which case, the private hospitals or health care facilities or services owe a non-delegable and personal duty of care to persons who knock on their door and seek treatment and care.”
The Federal Court pointed out that Columbia Asia’s own website lists the hospital group’s facilities, treatment, care, and procedures, besides stating what patients of Columbia Asia Hospital can expect.
“From the reading of all these provisions, it is clear as daylight that the legislative scheme intends private hospitals, such as the respondent, to remain responsible for the treatment and care of the patients, regardless to whom they may have employed, engaged or delegated that task or responsibility.
“This remains so even if the hospital is rendering emergency care services. In the case of the respondent, it renders such services on a routine basis.”
The Federal Court also said people relying on treatment and care in private health care facilities and services “should never have to concern themselves with issues of responsibility and separate accountability, as negligence and mishaps would be furthest from their minds”.
Specifically on emergency cases – as in Siow’s case – the Federal Court cited Section 38(1) of the PHFSA 1998 that requires every licensed and registered private health care facility or service to be capable of instituting and making available essential life-saving measures and implementing emergency procedures on any person requiring such treatment or services.
The apex court also cited Regulation 230 under Act 586 that states that a private health care facility or service shall have a well-defined care system for providing basic outpatient emergency care services to any occasional emergency patient who comes or is brought to the private health care facilities or services by chance.
Where emergency care services are provided on a regular basis, as was in the case of Siow, Regulation 231 applies, the Federal Court found. “In such a situation, regulation 231(12) requires ‘additional health care professional and other ancillary staff if the circumstances demands’ shall be made.”
Doctor Had Insufficient Professional Indemnity For Malpractice
In the case that appeared before the Federal Court, Columbia Asia was the only defendant in the lawsuit filed by Siow’s wife, Chau Wai Kin, on behalf of her husband.
After a full trial, the High Court, in 2020, dismissed Siow’s claims against the hospital and the ENT surgeon, allowing only the claim against the anaesthetist and ordering Dr Noor Asilah to pay damages of RM1.9 million.
While the Court of Appeal, in 2022, raised the quantum of damages awarded against the anaesthetist to RM3.3 million, the appellate court dismissed Siow’s appeal for liability to be imposed on Columbia Asia; he withdrew his appeal against the ENT surgeon. The Court of Appeal also dismissed the anaesthetist’s appeal.
Hence, the appeal at the Federal Court concerned Columbia Asia alone. One of the questions of law before the apex court, when granting leave on February 14 last year, was: “whether the owner and manager of a private hospital is liable to patients under a non-delegable duty of care when a doctor practising in the hospital as an independent contractor has insufficient professional indemnity for malpractice?”.
News portal Free Malaysia Today reported that the Federal Court increased the award of damages to about RM4 million.
Columbia Asia had asked the Federal Court to order that the anaesthetist indemnify the private hospital company in the event that it is found liable, but the court denied the request.
“I do not find this to be right or available in law,” Justice Lim wrote, pointing out that the anaesthetist was not a party to this appeal before the Federal Court.
“More importantly, it flies in the face of the earlier findings that the respondent owes a non-delegable duty of care and it remains liable regardless to whom it may have employed or engaged to carry out that duty of care. The principle imposes a personal liability on the respondent, over and above that against the tortfeasor.”
The Federal Court decided to increase the quantum of damages awarded because it disagreed with the lower courts’ decisions to disregard Siow’s earnings derived from allowances, fees, and monthly salaries received as a director of two family-owned companies. The High Court had only recognised his basic salary.
Hence, the apex court fixed the award at a constant sum of RM8,750 per month with the multipliers as suggested by Siow, an increase from the RM2,600 monthly amount fixed by the High Court. The Federal Court also agreed with the multiplier of 10 for loss of earnings, based on Siow’s age of 35 years at the time of the incident. Special damages were calculated for 90 months, whereas pre-trial damages were calculated for 30 months.
The Federal Court majority decision was made by four judges: Lim, Chief Judge of Malaya Mohamad Zabidin Mohd Diah, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and Justice Hasnah Mohammed Hashim. The dissenting judge was Justice Zabariah Mohd Yusof.
Case Background: Anaesthetist Took 25 Minutes To Intubate Patient After General Anaesthesia
According to the Federal Court’s written judgement, Siow underwent a tonsillectomy, palatal stiffening, and endoscopic sinus surgery on March 10, 2010 at Subang Jaya Medical Centre (SJMC), a private hospital that was then not under Columbia Asia.
Last November, Sime Darby Bhd confirmed that it and its Australian partner, Ramsay Health Care Ltd, were selling Ramsay Sime Darby Health Care Sdn Bhd, which owns SJMC, to Columbia Asia Healthcare Sdn Bhd for RM5.7 billion cash.
At about 3.30am on March 22, 2010 – twelve days after his surgery at SJMC – Siow suffered bleeding at the site of the operation. His family brought Siow to Columbia Asia Hospital – Puchong’s accident and emergency department, as the hospital was nearer to their home than SJMC.
At Columbia Asia Hospital – Puchong’s A&E department, Siow was examined by a medical officer who then called consultant ENT surgeon Dr Megat Shiraz.
According to the background of Siow’s claim, as written in the High Court ruling, Dr Megat Shiraz recommended that Siow undergo an examination under anaesthesia and wound debridement under general anaesthesia, or surgery. Debridement is the process of removing dead skin and foreign material from a wound. Dr Noor Asilah was the consultant anaesthetist who attended to Siow.
Siow experienced complications even before surgery started. In the airlock area outside the operating theatre, he started vomiting copious amounts of blood and suffered profuse bleeding.
Despite efforts by the ENT surgeon and the anaesthetist to treat the complications, Siow collapsed and emergency resuscitation had to be done, after which Dr Megat Shiraz proceeded to perform the surgery, which was uneventful.
But Siow had suffered hypoxic brain damage, the Federal Court noted. Hypoxic brain injury occurs when the brain doesn’t get enough oxygen, causing brain cells to die. Siow was then admitted to the intensive care unit of Columbia Asia Hospital – Puchong for continued post-surgical care and management, until he was transferred to SJMC on March 28, 2010, at his family’s request.
“He is now permanently mentally and physically disabled by reason of the massive cerebral hypoxia,” said the Federal Court.
Siow had accused both ENT surgeon Dr Megat Shiraz and anaesthetist Dr Noor Asilah of failing to undertake appropriate anaesthetic management appropriately when treating his complications, before proceeding with the surgery, that allegedly resulted in severe hypoxic brain damage, leaving Siow with permanent mental and physical disabilities.
According to the High Court’s written judgement, the anaesthetist had put the patient under general anaesthesia at 4.50am, successfully intubating Siow 25 minutes later at 5.15am. Expert and medical witnesses told the High Court that once the patient was put under general anaesthesia, it was important to secure his airway immediately and not 25 minutes later.
“The expert and the medical witnesses had testified that any delay in securing the plaintiff’s airway will cause him to suffer brain damage,” wrote High Court judge Gunalan Muniandy in his judgement on November 30, 2020.
The High Court cited expert evidence that the anaesthetist failed to consider alternative options to urgently secure Siow’s airway — like awake intubation, fibro optic laryngoscopy, video laryngoscopy with the patient breathing spontaneously, or a tracheostomy.
Cricothyroidotomy, said the High Court, is an alternative, quick, life-saving procedure to secure temporary access to the airway, while waiting to intubate the patient, that could be done in two minutes. While Dr Noor Asilah herself conceded that as an anaesthetist, she had the skill and expertise to undertake the life-saving procedure, with the equipment needed also being available at the hospital, she asserted that she did not know how to undertake this kind of surgery.
Further, the High Court cited expert evidence that the induction of general anaesthesia, without backup plans, had actually led to the patient losing control of his airway and eventually suffering brain damage.
“When [the] patient had more massive bleeding in the airlock and the operation theatre, ANAESTHESIA SHOULD NOT HAVE BEEN INDUCED. Vomiting of blood, especially clots, showed it was blood from the stomach swallowed earlier and it did not constitute such a dire emergency that anaesthesia needed to be induced immediately without plans on how to safely proceed. He was still conscious at this juncture and he was able to protect his airway and his life,” the High Court quoted the expert witness as saying.
The High Court agreed with the expert witness’ opinion on the anaesthetist’s failure to secure Siow’s airway before administering general anaesthesia.
At the Federal Court, Siow was represented by lawyers PS Ranjan, Manmohan Singh Dhillon, KB Karthi and Desmond Mun from PS Ranjan & Co. Ambiga Sreenevasan acted for Columbia Asia.
The Association of Private Hospitals Malaysia (APHM), which participated in the proceedings at the apex court as amicus curiae (friend of the court), was represented by Malik Imtiaz Sarwar. The Consumers’ Association of Penang, also appointed as amicus curiae, was represented by Gurdial Singh Nijar. |
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farhani87 replied at 15-4-2024 07:37 PM
Tahu. Tp xnk revel sini lah.
Iols pm.. sbb iols tatut kalau ter-end up kat spital sana utk apa2 prosedur.. |
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Tapi kan, kenapa doktor2 ni takde insurance yang cover mereka kalau buat silap? Macam masa I csect dulu, before procedure ada kena sign kalau apa2 jadi tak boleh saman. Sekarang orang boleh saman doktor2. Bukan apa, sian bebudak yang betul2 nak jadi doktor, terus takut. Sikit2 nak saman, ko jadi doktor sendiri la
Patut kalau nak saman kena saman hospital tu, bukan doktor. Someone kena protect juga doktor sedangkan gaji kecik tapi saman berjuta. Apo? |
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walaupun ada insurans, i tetap pilih hospital gomen.. biar la tunggu lama pun.. |
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Tinot7 replied at 15-4-2024 07:25 PM
Blajaq medik bleh sampai 8 tahun ka? Bkn ka max 7 tahun jahh?
Pernah terbaca status family member ucap tahniah lepas berjaya konvo dan sebut something tentang 'selepas 8 tahun perjuangan, berjaya akhirnya'. Gitula. Rasa nya dia ada tangguh sebab ada masalah. Apa pun bertuah la rezeki atas ketekalan dan kecekalan dia sukses juga akhirnya disamping adanya sokongan family yang padu.
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farhani87 replied at 15-4-2024 04:11 PM
hospital swasta di seksyen 20, shah alam. boleh google lah hospital mana. huhu. adik kawan opis io ...
Dah google. K*j eh. Eh seremmm. Moga bertabah la adik kwn u. Sedih sgt atas kecuaian org lain tak pasal2 hilang anggota. |
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cm_vungtau replied at 15-4-2024 07:46 PM
Tapi kan, kenapa doktor2 ni takde insurance yang cover mereka kalau buat silap? Macam masa I csect d ...
Spital swasta dimiliki tokey2 yg nak kaya.. so doktor2 ni sumer dikira sbg independent contractors. Yg kes columbia asia tu dikira sbg landmark case yg spital kena saman jua sbb doktor tak cukup indemnity insurance. Mebbe deme amik insurans utk kaver tapi tak cukup bila kena saman sampai jota2.
Ada doktor2 yg buat byk duit masa keje swasta sampai 6 digit satu bulan, bleh beli keta lotus porsche bagai. Ada yg duit ciput.. tgk specialty..
Sbb kes budak tangan kena potong kat klang tu doktor2 now kena ada indemnity insurans.. tapi byk mana deme amik tu terpulang |
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bebulu replied at 15-4-2024 07:58 PM
Pernah terbaca status family member ucap tahniah lepas berjaya konvo dan sebut something tentang ' ...
Iols nak bersangka baik.. 8 tahun termasuk matrik..
Syarat masuk cgpa 3.0 minima.. dan minima 5B dlm SPM dlm biologi, fizik, kimia, matemaik/addmath dan satu lagi subjek..
Tapi slalunya yg tere2 masuk lokal, rata2 semua A.. yg self-sponsored pi india dll, lain cerita la.. |
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farhani87 replied at 15-4-2024 07:34 PM
Kesian mangsa ni. Tukar kaki palsu jer berapa ribu dah. Sbb nak dptkan kaki yg selesa dah sesuai. ...
Betul sangat!! Arwah ayah iols dulu potong sampai peha. Mmg bertukar² kaki palsu semua tak selesa. Last², weols gibap, maintain guna wheelchair je sampai arwah meninggal. And yes, hilang kedua2 kaki ni tak mudah. Semua harapkan orang bantu. Mcm abang ni muda lagi, insha-Allah kuat tuk urus diri sendiri dgn bantuan tapi kalau org tua..fuhh..iols terus build muscle tangan. Lagi la abang ni ketua keluarga, main emosi, mental. |
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amyhisashi replied at 15-4-2024 08:27 PM
Betul sangat!! Arwah ayah iols dulu potong sampai peha. Mmg bertukar² kaki palsu semua tak selesa ...
Tp dia mcm menderita sakit part lain juga kan
Mcm alat sul** dia pun sakit
Kesian betul
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Style private skrg sengaja admit kan 1mlm
Senang nak claim
Patient pun mmg sengaja minta admit esp anak2 demam
Senang xyah bayar katanya....
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Mujur ada rakaman. Klau xde? Mesti heols buat rakaman diam2 kan |
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otai_g replied at 15-4-2024 04:22 PM
Sbb tu nak jd Dr foundation kena strong. Ni ada bdk bodoh2 spm pun gred c family pg hntr ambik medic ...
Doc bijak2 plak x tahan dimaki  tp i faham kenapa doc2 bijak ni xtahan sbb they struggle A LOT!! Kwn2 i yg jd doc mmg jenis study dari zmn sekolah. Bila kerajaan bg layanan bodo2, hmm sapa x kecewa. Cuba kalau doc2 malaysia dpt byk privilege, mesti berebut2 nk jd doc n masing2 mesti bg yg terbaik sbb nk dpt privilege tu |
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blue_blur replied at 15-4-2024 04:51 PM
birumerah tu... masak.... kalau brand ni, yang boleh pertimbang percaya kat branch damansara tu je ...
Betul la tu kena sponsor nurse lelaki sepanjang hidup, pampasan one off & pampasan bulanan gaji |
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bebulu replied at 15-4-2024 06:27 PM
Ada kenalan ni. Masa matrikulasi pointer 3.3 something je. Tapi nak ambil medic. Merengek2 paksa p ...
Mcm kenalan iols jgk. Pointer either 3.0 atau bawah dari tu, tp ambil medic. Lepasan matrik jgk, tp sheol mmg passion nk jd doc. Mmg xde merungut2 ye mcm budak2 4.0. Now dah masters dah pon |
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haruslah replied at 15-4-2024 08:32 PM
Style private skrg sengaja admit kan 1mlm
Senang nak claim
Patient pun mmg sengaja minta admit esp a ...
Ya sbb polisi insurans. Insurans byk yg offer in-patient. Outpatient xcover |
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Tinot7 replied at 15-4-2024 08:02 PM
Spital swasta dimiliki tokey2 yg nak kaya.. so doktor2 ni sumer dikira sbg independent contractors ...
Aku x gemar Columbia.. Sb bad repo masa adik aku warded... Aku tgk senarai doc2 dia ramai doc dr India.. Tp tmpt aku le.. |
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bebulu replied at 15-4-2024 06:27 PM
Ada kenalan ni. Masa matrikulasi pointer 3.3 something je. Tapi nak ambil medic. Merengek2 paksa p ...
Member aku pointer 4 flat matrix pun x dpt tmpt kos medic kat ipta. Punya la ketat pemilihan dia. Difahamkan facilities utk Peralatan lahirkan doktor tu x bnyk so x bleh nak main kaut je ramai2. |
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kesiannya dia...muda lagi masa kejadian tu.
iols doakan saman dia berjaya dan nilai yg dpt berbaloi (wpun mmg tak imbuh dgn hlg 2kaki) utk kehidupan dia sekeluarga.
giler la doc cap ayam mana la operate dia ni. |
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Post time 15-4-2024 07:37 PM
Post time 15-4-2024 07:45 PM
