The High Court in Alor Star has ordered the Malaysian government to pay RM2.73 million in damages to an eight-year-old girl who suffered permanent brain damage due to medical negligence during her delivery nine years ago.
Judicial Commissioner Mohd Aimi Zaini Mohd Azhar delivered the ruling after the government admitted liability in the case involving the child, who was diagnosed with Hypoxic Ischaemic Encephalopathy (HIE) following complications during birth at Sultanah Bahiyah Hospital on May 15, 2017.
Court proceedings revealed that the child’s mother was admitted to hospital after experiencing contractions on May 14, 2017, with later monitoring showing signs of foetal distress before a vacuum-assisted delivery was performed.
Medical records showed that the baby was delivered at 3.09am with critically low Apgar scores and required immediate resuscitation after a dangerously low heart rate was detected.
She was later diagnosed with severe HIE, resulting in irreversible brain injury that has left her permanently dependent on full-time care.
The lawsuit was filed in 2022 by the girl’s father against the government and several medical personnel, although liability was formally admitted in December 2024, leading to withdrawal of claims against individual doctors and nurses.
The court subsequently focused on assessing damages, concluding that the child’s condition was permanent and that she would require lifelong assistance for all daily activities.
In his judgment, the court stated that meaningful compensation was necessary to ensure adequate long-term care, treatment, and rehabilitation support.
The court awarded RM1.39 million for future care and related expenses, RM400,000 for general damages, RM314,686.12 in special damages, RM238,500 in pre-trial damages, RM200,000 in future general damages, and RM186,159.72 in costs.
However, several claims for future medical treatments and procedures were rejected on the grounds that the child remains entitled to free treatment at government healthcare facilities.
The plaintiff had initially sought nearly RM18.78 million in damages before the final award was determined.
