Over RM8mil awarded in childbirth negligence case

KUALA LUMPUR: The High Court here has awarded more than RM8mil to a woman and her four-year-old daughter who suffered severe and irreversible brain damage during the child’s birth at a government hospital.

In the grounds of judgment issued on April 17, Judicial Commissioner Roz Mawar Rozain made the decision after the government confirmed the admission of liability for the plaintiff’s claims with damages and costs.

In November 2020, the woman and her daughter filed a suit against the government and eight individuals, comprising medical officers and staff, for medical negligence.

However, on Jan 28, 2022, the High Court recorded a consent judgment that confirmed the admission of liability by the government, and the plaintiffs withdrew the suit against other defendants with no order as to costs.Roz Mawar awarded both plaintiffs RM209,172 for special damages and general damages of RM500,000 to the first plaintiff (the child), and RM114,000 to the mother.

“Both the plaintiffs are awarded aggravated damages in the sum of RM350,000. For future general damages, the first plaintiff is awarded a total of RM6,954,156 for 40 years.

“This court finds that a reasonable amount because, on average, her care amounts to RM173,853.90 per year. The court also ordered RM215,177.25 for costs,” she said.

In her judgment, Roz Mawar said the pain and suffering also extends to the second plaintiff and the rest of her family.

“The amount of damages awarded may, at first instance, look like a fortune, but when employed according to this court’s order, it would only ensure some convenience for her survival,” she said.According to Roz Mawar, this was a tragic case where the first plaintiff suffered severe and irreversible brain damage at birth on March 17, 2019, at the government hospital, and the second plaintiff, who had a high-risk obstetric history, and was initially scheduled to undergo an emergency lower segment caesarean section on March 18, 2019.

“By 8pm on March 17, 2019, the first plaintiff in utero showed signs and symptoms of bradycardia (slower than normal heart rate). Despite detecting that, a delayed decision was made at 9.20pm for the second plaintiff to undergo an emergency caesarean.“Nonetheless, further delays followed before the first plaintiff was delivered at 10.14pm. It was noted at birth that the first plaintiff suffered hypoxic-ischemic encephalopathy (brain injury due to insufficient oxygen) and its sequelae (or after-effects), including severe brain damage,” said Roz Mawar.

Meanwhile, the duo’s counsel, Karthi Kanthabalan, said the government had filed an appeal. — Bernama