Woman Awarded More Than RM350,000 After Kedah Doctors Miss Injuries That Led To Husband’s Death

Judicial Commissioner Datuk Mohd Aimi Zaini Mohd Azhar allowed the suit filed by Azura Mat Rais against 15 doctors, the hospital director, and the government over the death of her husband, Shah Bani Shahidan, 46.

In his written grounds of judgment dated 15 October, Mohd Aimi found that doctors had failed to recognise the severity of Shah Bani's chest injuries, overlooked important scan findings, and delayed treatment that could have prevented or reduced the complications that led to his death.

The government was held vicariously liable for the negligence of the hospital's medical personnel, reported the New Straits Times.

Shah Bani was taken to Hospital Sultanah Bahiyah in Alor Setar, Kedah, on 27 July 2021 after a motorcycle accident.

He was conscious, able to walk, and speak, but complained of pain in his chest, back, left shoulder, and right knee.

The treating surgical team initially proceeded on the assumption that he had fractured his first and second ribs.

However, a CT scan conducted the following day revealed multiple fractured ribs, a fractured sternum, blood in both chest cavities, and a bruised left lung.

Despite the scan findings being available on the hospital's electronic health information system, the treating doctors did not seek clarification from the Radiology Department until the report was formally authorised on 1 August, four days later.

Mohd Aimi noted that three doctors had initially reached different conclusions when interpreting the same chest X-ray, yet no one followed up with the radiology team to clarify the findings.

He said reviewing the available images or following up on the report would have revealed the severity of Shah Bani's injuries earlier, allowing for more aggressive treatment.

The judicial commissioner also criticised the lack of coordination between the hospital's medical departments, noting that several doctors had attempted to shift responsibility for the failures to other personnel.

He said the handling of the case suggested that each department had focused on its own area instead of working together to understand why the patient's condition was not improving.

"It suggests not a coordinated multidisciplinary effort, but a team that was, in truth, working in the silo – each department confined itself to its own field, and no one paused to ask why the patient was not getting better," he added.

Shah Bani died on 3 August 2021, seven days after he was admitted to the hospital.

In his judgment, Mohd Aimi said the negligence was not the result of one isolated mistake, but a series of oversights that continued over several critical days.