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The StarVerified account @staronline
Thursday, 1 Jun 2017
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PUTRAJAYA: The Court of Appeal has upheld the award of RM846,000 in damages to an accident victim who was provided with HIV-infected blood during a transfusion in 2005.
Justice Datuk Alizatul Khair Osman Khairuddin, who chaired a three-man panel, held that the Kinta Medical Centre (KMC) had failed to comply with a reasonable standard of care in screening blood to detect HIV.
She said the best practices outlined in the guidelines issued by the National Blood Centre ought to have been followed even if this was not mandatory.
Additionally, it could not be said that these guidelines were not applicable to private hospitals such as KMC, she added.
Dismissing KMC’s appeal on liability and quantum of damages awarded by the Ipoh High Court to the 28-year-old man, Justice Alizatul Khair ordered KMC to pay RM30,000 in costs.
The accident victim, she said, had suffered considerably as a result of contracting HIV.
Justice Alizatul Khair, who presided with Datuk P. Nalini and Datuk Zabariah Yusof, said he was entitled for compensation as he was also exposed to social discredit and discrimination which was damaging.
The sum awarded, she added, was to take into account all future losses and injuries should these arise as there was no statutory provision for the man to make a second claim if he contract AIDS at a later date.
The High Court had on Feb 4 last year allowed the
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Hospital to pay RM860,000 for infecting man with HIV
Last updated on 5 February 2016 – 04:22pm
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IPOH: The High Court today ordered a private medical centre to pay a 27-year-old man RM860,000 compensation for injecting him with HIV infected blood during a transfusion in 2005.
The plaintiff and his mother were present in court when judge Datuk Samsudin Hassan delivered the judgement.
Speaking to reporters later, the man said: “We are sad over the incident but what choice do we have rather then accept the verdict of the court and damages.”
Samsudin in passing the sentence said: “There are three elements in the case … negligence in duty of care, breach in the duty of care and damages suffered.
“The screening of the blood was not done in accordance with the guidelines of the World Health Organisation,” he added.
Kinta Medical Centre (IKMC) was negligent in supplying HIV infected blood to the patient while being treated for a road accident at Fatimah Hospital in May 2005.
The judge ordered KMC to pay RM750,000 in general damages and RM96,000 in special damages. A sum of RM50,000 was also to be paid for costs.
The plaintiff was represented by V. Vijaya Segaran and Intan Suraya Abdul Halim while Pardeep Singh, Ashvinder Kaur and Datuk Naran Singh appeared for the defendant.
Samsudin said based on the witnesses evidence during the trial on May 22, 2005, the plaintiff, then 17-year-old was transferred from Seri Manjung Hospital to Fatimah Hospital in Ipoh after the accident.
During treatment the victim was treated with three units of blood at Fatimah Hospital on May 22 and 25, 2005.
A blood test conducted on Nov 30, 2005 revealed the patient was HIV positive.
Subsequently, the plaintiff’s mother lodged a report with the special committee formed by the Health Ministry in April 2006.
Following Investigation by the committee it was found one unit of the blood supplied by KMC and used to treat the patient was HIV infected.
http://www.thesundaily.my/news/1686677
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Mahkamah Tinggi Ipoh hari ini arahkan Kinta Medical Centre bayar ganti rugi RM896, 000 kpd pesakitnya kerana cuai, beri darah HIV pada 2005
#HIV-contaminated blood transfusion: Medical centre to pay RM896,000 to accident victim http://www.nst.com.my/news/2016/02/125770/hiv-contaminated-blood-transfusion-medical-centre-pay-rm896000-accident-victim …
IPOH: The High Court here today ordered a medical centre to pay RM896,000 to an accident victim for its negligence in providing him with HIV-contaminated blood in 2005.
Judge Datuk Samsudin Hassan, in meting out the sentence, said Kinta Medical Centre (KMC) was found to be negligent based on three elements namely its failure to take precautionary measures, breaching the trust and causing losses and suffering to the plaintiff.
He ordered KMC to pay RM750,000 for general damages and RM96,000 for special damages to the 27-year-old victim who had been infected by the disease. KMC was also ordered to pay RM50,000 for court costs.
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According to the facts, the victim was transferred from Hospital Seri Manjung in Sitiawan to Hospital Fatimah here after he was involved in an accident on May 22, 2005.
He received a blood transfusion which was supplied by Hospital Raja Permaisuri Bainun, KMC and Hospital Fatimah during treatment on May 22 and May 25.
A blood test made on Nov 30 revealed that the plaintiff was HIV positive, prompting his mother to lodge a report with the Health Department.
A special task force formed by the Health Ministry found that the blood supplied by KMC was contaminated with HIV.
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再多的錢也換不回受害者的健康…
http://www.chinapress.com.my/?p=573255
#今日中國報
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weehingthong 