KUALA LUMPUR, 13 June 2017:
The High Court here today set Friday, June 16 for case management involving a lawsuit filed by an Inland Revenue Board (IRB) officer against a private hospital and two others – over alleged negligence by an O&G specialist, causing her bladder to be inadvertently cut during hysterectomy.
Deputy registrar Rumaizah Baharom fixed the date in chambers, in the presence of lawyers Dalina Hanim Daim and Abang Azlan Abang Ariffin representing the plaintiff Yusmani Mohd Yusoff .
The two lawyers also mentioned the case on behalf of counsel for Columbia Asia Hospital-Cheras and Dr Haw Wan Lye as the second and third defendants while Columbia Asia Sdn Bhd, as the first defendant, was represented by lawyer Loo Ying Ning.
The plaintiff’s lawyer Dalina said the case would be heard before justice Datuk Nik Hasmat Nik Mohamad.
Yusmani, 41, an IRB assistant executive officer (administration), had filed the lawsuit on May 15 this year – claiming the defendants were negligent and had failed in their duty of care while treating here when she was under the care of Dr Haw and the hospital.
In her statement of claims, Yusmani said she had hysterectomy done on 17 Feb 2016 by Dr Haw, an obstetrics and gynaecology consultant, due to uterine fibroid .
Yusmani, who works at Wisma Hasil in Cyberjaya, claimed that after the operation, she found blood coming out from the incision mark at her abdominal area when she coughed and the wound was cleaned and dressed by Dr Haw.
The mother of four stated she had an x-ray done when she experienced chest pain and the x-ray showed that she had a blocked artery.
And when she was referred to another doctor, that doctor suspected she had bladder injury and there were blood clots in her legs which broke up and went to her lungs.
Yusmani also claimed that before she was admitted to the hospital’s intensive-care unit, Dr Haw had admitted and informed her (plaintiff’s) husband the injury to her bladder was caused by her having accidentally cut her bladder.
She was transferred to Serdang Hospital on 19 Feb 2016 for further treatment as the private hospital had no urologists.
After the CT cystography was done, it was found there was injury to her bladder and a second surgery had to be done to treat the injury.
After she was discharged from Serdang Hospital on 4 March 2016 and after going through a cystogram test at the hospital three days later, her bladder wall was found to have healed and the tube fixed into her bladder was removed.
Due to the defendants’ negligence, the plaintiff claimed – among others – that she had to undergo another operation to treat the injury to her bladder.
The plaintiff is claiming RM50 million in general damages and also exemplary damages, special damages, benefits, costs and other relief deemed fit by the court.