Spinal surgery suit damages to be assessed

GEORGE TOWN: The Penang High Court today fixed Jan 7 for submissions of documents in the case of former national junior athlete Nor Azleen Mohammad Mustafa who filed a negligence suit over a spinal surgery in 2005.
Her lawyer, Dr N. Ahilan, told the media Judicial Commissioner Datuk Azmi Ariffin fixed the date in chambers.
"The judge has instructed me to file the documents for him to assess damages in awarding to the plaintiff," he told reporters when asked about the development of the case when it was brought up for mention.
The appellate court had on July 21 overturned the dismissal of her claim against Dr Omar Md Isa of Universiti Malaya Medical Faculty's Orthopaedic Department and Universiti Malaya Medical Centre (UMMC).
Court of Appeal Judge Datuk Mohd Hishamudin Mohd Yunus in his ruling found Omar, who had performed the corrective surgery on Nor Azleen's curved spine, to be professionally negligent.
He said the court also found UMMC, the hospital where Omar was working, to be vicariously liable.
He ordered the case to be sent back to the High Court registrar for assessment of damages and ordered Omar and UMMC to pay RM30,000 in legal costs to Nor Azleen, 23.
Nor Azleen had sued the two parties after suffering nerve damage, which caused her to be paralysed from the waist down and to undergo prolonged physiotherapy following the spinal surgery conducted on Sept 3, 2005.
The former national 100m sprinter was 14 years old at the time of the surgery and was reported to be suffering from incontinence of urine and faeces and weakness in her lower left limb following the operation.
She had sought RM3 million in damages, interest, cost and other relief deemed fit by the court.