‘Private hospital liable for HIV-tainted transfusion’

PUTRAJAYA: The Court of Appeal yesterday affirmed that a private hospital was negligent in supplying HIV-tainted blood to an accident victim 12 years ago .

In a unanimous decision, a three-member panel chaired by Court of Appeal judge Datuk Alizatul Khair Osman Khairuddin maintained a High Court ruling and dismissed Kinta Medical Centre (KMC) Sdn Bhd’s appeal.

KMC was appealing against the Ipoh High Court’s decision ordering it to pay RM846,000 in compensation to the victim, now 28-year-old, who became HIVpositive while being treated in 2005.

In her judgment, Alizatul said KMC had failed to comply with the reasonable standard of care in screening the blood.

“This is a finding and fact, and having perused the records of the evidence, we see no reason to disturb this (High Court) finding.”

The judge said the damages were compensatory and not a reward, ordering KMC to pay RM30,000 in cost to the victim.

The court held that the High Court, in arriving at the quantum of RM750,000 for general damages for pain, suffering and loss of amenities, had taken all factors into consideration .

From the age of 16, the victim suffered considerably as a result of contracting the disease, including discrimination, making him unable to cope with life and work.

As a consequence, he was precluded from full enjoyment of his life and having to take medication for the condition.

“As for suffering, it is equally clear that fright at the time of realising that he had been infected, fear of future incapacity, both health and possible death, on his ablility to make a living coupled with humiliation, sadness and embarrassment arising from social stigma associated with contracting this virus,” the judge said.

The other judges who presided were Court of Appeal judges Datuk Nallini Pathmanathan and Datuk Zabariah Mohd Yusof.

The victim was represented by lawyers V. Vijaya Segaran and Norazali Nordin, while lawyer Datuk W.S.W. Davidson appeared for KMC.

On Feb 4 last year, the Ipoh High Court ordered KMC to pay the compensation amount to the victim for its negligence.

In meting out the sentence, the judge said KMC had failed to take precautionary measures, was negligent and there was breach in duty of care, leading to suffering for the vicitim.

The court ordered KMC to pay RM750,000 for general damages and RM96,000 (RM50,000 in cost) for special damages.

The victim was transferred from Seri Manjung Hospital in Sitiawan to Fatimah Hospital in Ipoh after he was involved in an accident on May 22, 2005.

He received blood transfusion supplied by Raja Permaisuri Bainun Hospital, KMC and Fatimah Hospital during treatment on May 22 and May 25, the same year.

A blood test made on Nov 30 the same year revealed the victim had become HIV-positive.