Decision on athlete’s medical suit postponed

Judicial commissioner requests for more documents to be perused before making final decision on the RM4.66m suit.

GEORGE TOWN: The Penang High Court will fix another date, the soonest possible, to decide the assessment and quantum of damages to be awarded to a former national athlete in a medical negligence suit.

Nor Azleen Mohammed Mustaffa, 25, was paralysed from the waist down after undergoing spinal surgery at Universiti Malaya Medical Centre (UMMC) nearly 10 years ago.

She has sued Dr Omar Md Isa of Universiti Malaya Medical Faculty’s Orthopaedic Department and UMMC for medical negligence.

Her legal counsel N Ahilan said that Judicial Commissioner Azmi Ariffin had set March 19 for the final hearing on submissions of schedule by both parties on claims of special damages.

The counsel said Azmi had instructed both parties to submit references on evidence and case laws of common law authorities for his perusal and allowed both parties to submit any new evidence and case law points on the claims of general damages.

Ahilan also explained that Azmi had scrutinised all documents submitted previously on the case and heard arguments from both parties for nearly three hours in his chambers but being a complicated medical negligence suit and a peculiar case, had requested for more documents before making his decision.

In her affidavit submitted to the High Court deputy registrar on January 7 this year, Nor Azleen’s claims were listed as RM3.06 million in general damages and RM1.6 million in special damages. She also sought interest, cost and other relief deemed fit by the court.

In her submission, Nor Azleen claimed to have suffered permanent damage as the result of a spinal surgery, causing her to be paralysed from the waist down and to undergo prolonged physiotherapy.

The surgery was performed in the UMMC on August 30, 2005.

The defendants were represented by lawyer Sharmini Navaratnam from the law firm Siva Dharma & Associates.

Ahilan was assisted by Muhd Rifaie Mohd Ryaludin.