Brain damaged girl awarded RM3mil


  • Nation
  • Thursday, 05 Mar 2015

KUALA LUMPUR: A four-year-old girl has obtained an RM3mil award in a con­­sent judgment with the Government and 77 others for negligence over her brain damage.

Sofea Az-Zaha Zamzairi, who suffered cerebral palsy due to the brain damage, jointly sued the parties through her parents in the civil dispute.

Her parents Zamzairi Mohd Jawi and Mazni Sahabudin had claimed that the Government and 77 others, mostly doctors who assisted in the birth of their child and care after delivery, were negligent.

They said Sofea could not have an independent life and would need care and assistance from experts for rehabilitation and treatment.

In the statement of claim filed on June 24, 2013, Mazni said she gave birth to Sofea at the Serdang Hospital on Sept 8, 2010.

They said they sued the parties for negligence as a result of them not taking proper care and not providing relevant details, including a report by an independent committee on their daughter’s condition.

Mazni said she also sued the parties for breach of their contractual duty in the management of her pregnancy and birth of her child.

In the statement of defence filed on July 30, 2013, the Government and other defendants denied negligence and breach of contractual duty.

High Court judge Justice John Louis O’Hara recorded the consent judgment after the parties reached an agreement on the quantum of damages.

“The defendants are to pay the plaintiffs RM3mil in damages,” Justice O’Hara said in the consent judgment.

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