In medical negligence, a practitioner is not liable if acting in accordance with accepted medical practice and not deviating from reasonable care standards, even with adverse outcomes.

Introduction

[1] This is an action for medical negligence by the plaintiff, aged 65 years against one Dr Ching Wing Seng, the 2nd Defendant, a Consultant Ophthalmologist who was the doctor who attended to and treated the Plaintiff who was diagnosed with a condition described as endogenous klebsiella endophthalmitis. This infection is said to be caused by the klebsiella pneumonia bacteria, a virulent and aggressive organism which invades the victim's liver, blood and eyes. The Plaintiff alleges that due to the in adequte treatment she received, she is now blind in both eyes. She holds the 2nd Defendant responsible for her loss of vision with due to his management in the care and treatment of her eyes between 16 July 2006 to 24 July 2006.

[2] In the midst of the trial, the Plaintiff on 11 October 2013 discontinued the action against the 1st Defendant, Consultant Physician Dr Lim Tye Ling, with no order as to costs, and recorded consent judgment with the 3rd Defendant Pantai Cheras Medical Centre Sdn Bhd. Pursuant to the terms of the consent judgment, the 3rd Defendant was to pay sum of RM15,000.00 gratis to the Plaintiff on a without admission of liability basis.

Chronology Of Events

[3] The following is a summary of the chronology of events underlying the dispute:-

(a) Since 12 July 2006, the Plaintiff was experiencing fever and despite consuming medicine prescribed from a clinic, her temperature had not improved.

(b) On 15 July 2006, the Plaintiff sought medical attention at Accident & Emergency Department of Pantai Cheras Medical Centre. After being attended to by the medical officer, the Plaintiff was admitted into the ward under the care of the Consultant Physician Dr Lim Tye Ling. She complained of fever, nausea, bodyache, backache, lethargy and flatulence for 3 days prior to admission. Her platelet count was found to be 65,000:-

(i) A provisional diagnosis of viral or bacterial infection possibly involving the urinary tract and liver (cholelithiasis); and

(ii) The Plaintiff was started on intravenous antibiotic to cover for the bacterial infection involving the urinary tract and the liver.

(c) On 16 July 2006 at around 3.30pm during the ward round, the Plaintiff complained to Dr Lim of some blurring of vision which she claimed she has had for 2 days but had omitted to mention earlier. The sclera of her eyes were noted to be inflamed bilaterally and the anterior chamber of both eyes looked "cloudy". Dr Lim contacted the 2nd Defendant and requested that he sees the Plaintiff for further management of her eye complaint. The Plaintiff's platelet count had, in the meantime drop dramatically to 43,000.

(d) On the same afternoon of 16 July 2006, the 2nd Defendant saw the Plaintiff for the very first time at around 4.30pm:-

(i) Examination of the eyes revealed conjunctival congestion with severe fibrin and hypopyon involving both eyes. Fundal views were not clear and both eyes had very poor vision;

(ii) A diagnosis of bilateral anterior uveitis with severe fibrin and hypopyon was made; and

(iii) As the Plaintiff was already on broad spectrum systemic antibiotics prescribed by Dr Lim, the 2nd Defendant added topical broad spectrum