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Friday, 6 May 2011

‘Expert witnesses’ who lie in court

The Sungai Siput MP said his patient did not get any compensation because the court was misled.

PUTRAJAYA: If you are suing for medical negligence, beware of “expert witnesses” who are not always honest with their findings.

Parti Socialis Malaysia (PSM) MP for Sungai Siput Dr Michael Jeyakumar Devaraj cited Chow Chooi Mei’s case.

Chow , a patient of his, was suffering from tuberculosis. In 2004, Chow was given an overdose for her ailment at the Ipoh General Hospital, causing her to suffer from blindness and “spastic paraplegia”.

After waiting for compensation, her case was brought to court in 2007, but was later overthrown by the Sessions Court in August 2010.

Jeyakumar said that the result was influenced by two Health Ministry-related specialists, who, he claimed, “lied in court” so that Chow would not get her compensation.

“If this was how Chow’s case was handled, then any patient suing for compensation will lose out if lies are told in court.”

Jeyakumar said that the two specialists in Chow’s case told the court that the medicine given to Chow did not take away her sight.

They added that she had named the wrong doctor in the case.

However, Jeyakumar claimed to have evidence from various medical publications that spoke otherwise. He also dismissed the wrongly-named doctor as a “technicality”.

“If you look at doctor’s (reports), who writes their own name properly? It’s all just scribbles,” Jeyakumar said.

Together with Chow and PSM secretary-general S Arutchelvan, Jeyakumar then met with Health Ministry director-general Hassan Abdul Rahman with a list of demands for the Malaysian Medical Council (MMC).

The PSM leader asked why the experts’ testimonies differed from “public knowledge” over the drugs, and if they were speaking to save the government from giving compensation.

He also asked that they be disallowed from giving testimonies in court in the future, and urged disciplinary action be taken against them.

“We are not saying sack the doctor (who wrongly treated Chow). At least if you made a mistake, give some compensation,” Jeyakumar said.

He later told FMT that ministry officials were “non-committal” in their meeting with Chow and the PSM leaders.

“They didn’t say very much. They said they will study it. That’s all.” he said.

He added that PSM was going to continue fighting for Chow and that the ministry is expected to give a response in two weeks.

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