A man who suffered a serious arm injury after donating blood for the first time has finally received justice following an eight-year legal battle, after the Alor Setar High Court ruled that medical negligence had caused his injuries.
The court awarded Afiq Azman, 33, RM61,924.68 in damages after finding that his condition was linked to negligence during a blood donation procedure carried out in 2015.
Afiq suffered a torn artery, which led to severe internal bleeding and swelling in his right arm after taking part in a blood donation campaign organised by Hospital Sultanah Bahiyah at the foyer of Institut Kementerian Belia Malaysia in Kedah on Nov 29, 2015.
Court documents stated that a nurse performed a venepuncture on Afiq’s right arm before he was placed under observation and later allowed to return to his hostel.
However, shortly after returning, his arm became increasingly swollen, painful and discoloured, prompting him to seek medical attention at Hospital Jitra before being admitted to Kedah Medical Centre.
Doctors later diagnosed him with a pseudoaneurysm involving the right brachial artery and compartment syndrome in his right forearm, resulting in a seven-day hospital stay.
Afiq subsequently filed a lawsuit in 2019 against the nurse involved, the head of Hospital Sultanah Bahiyah’s Haematology and Transfusion Department, the hospital director and the government over the injuries sustained.
The Sessions Court previously dismissed his claim on liability and damages on Jan 20 last year, leading him to appeal the decision at the High Court.
In allowing the appeal, Judge Dr Mohd Johan Lee ruled that medical personnel had failed to identify warning signs of serious complications during the blood donation procedure.
The judge said evidence showed the needle used during the venepuncture had damaged the brachial artery, causing significant vascular injuries, and that the medical team had failed to provide the expected standard of care.
He also found that the medical personnel did not comply with the Health Ministry’s 2008 Transfusion Practice Guidelines, which were applicable during the incident.
Among the warning signs highlighted were difficulties locating the vein, excessive needle manipulation and rapid swelling after the procedure, which should have prompted further medical attention.
The court heard that Afiq was instead reassured that the swelling was normal and did not receive appropriate monitoring and follow-up care despite the seriousness of his condition.
Judge Johan also stated that medical negligence claims do not always require an independent expert witness if existing medical evidence and records are sufficient to establish negligence.
The court further awarded Afiq RM80,000 in legal costs.
Lawyer M. M. Humavathi represented Afiq, while federal counsel Nurul Waheda Abd Rahman and Abdul Rahman Md Zuki from the Attorney-General’s Chambers represented the respondents.
