Judicial commissioner Yusrin Faidz Yusoff delivered the ruling on the assessment of damages online today from the Kuala Terengganu High Court.

The defendants had admitted liability on the first day of the trial, with witnesses testifying only on the quantum of damages.

Yusrin awarded Mazidah Mohamad RM150,000 for pain, suffering and loss of amenities, RM75,000 in aggravated damages, RM15,000 for mental distress and future treatment, RM10,000 for loss of earning capacity, and RM3,587 as special damages.

He also ordered the defendants to pay 5% interest on the damages awarded from the date of filing until the settlement of the full judgment sum.

Mazidah, a procurement executive at a private hospital in Kuala Terengganu, was also awarded costs of RM35,000.

Yusrin noted that liability was not admitted at the earliest opportune time, but only when the trial started.

He said the aggravated damages were awarded in view of the defendants’ failure to inform the plaintiff of the severity of her injury.

The facts of the case revealed that on June 22, 2021, the second defendant – a consultant ophthalmologist – performed a surgery to remove a cyst on Mazidah’s right eye at a specialist clinic owned by the first defendant.

During the procedure, a steroid injection perforated her eye, causing permanent and irreversible damage to the macula – a critical area at the centre of the retina responsible for sharp, detailed central vision.

The court noted that despite the severity of the injury, the specialist failed to inform the plaintiff of the perforation as soon as possible, did not irrigate her eye at the earliest opportunity, and provided no referral for emergency corrective care.

Lawyers Harish Nair and Maxine Lim appeared for Mazidah, while Sathisharajah Yuvarajah acted for the defendants.