Wednesday, March 4, 2009

Gunapathy v Dr James Khoo (post 1)

In this case, the parties were -

Plaintiff - Gunapathy d/o Muniandy (Ms)

Defendants - Dr James Khoo, Dr Khor Tong Hong, and the Neurological Surgery Pte Ltd (which was Dr Khoo's clinic).

The defendants were sued for professional negligence in the diagnosis, treatment and advice given to the plaintiff in relation to her brain tumour. She claimed that the doctors had unnecessarily advised her to undergo radiosurgery treatment which unfortunately resulted in serious disability to her after the treatment. She suffered from among other symptoms, partial paralysis and from severe speech defects and was wheelchair bound. She was unable to run her family business and needed permanent medical care for the rest of her life.

At the High Court, Selvam J. in his 354 page judgment, awarded her damages which were over $2.5 million, taking into account her loss salary of $12,000 a month. This was perhaps the largest damages award for a personal injury claim and for a medical negligence case.

There were rumours that the defendants and their insurers offered to settle the case for about $2 million in damages but this was rejected. Regardless of whether this was accurate. the case went to the Court of Appeal.

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