The High Court here has ordered the government to pay more than RM2.28 million in damages to a teenager who suffered permanent brain damage due to medical negligence during her birth at Kuala Lumpur Hospital (HKL) 15 years ago.
Deputy Chief Judge Gan Techiong delivered the ruling after finding the government vicariously liable for the negligence of a junior medical officer and the hospital’s former Head of the Obstetrics and Gynecology Department.
During the trial, Techiong described the plaintiff’s condition with visible emotion, noting that the teenager, classified as a severe cerebral palsy patient, was unable to lift her head and required lifelong feeding via a tube.
“When the plaintiff was brought to court in a baby stroller during the proceedings, most of those present, including myself as the presiding judge, could not help but feel deeply saddened by her condition,” he said in his May 6 judgment.
Compensation Based on Law, Not Sympathy
However, the judge emphasized that sympathy alone cannot guide legal decisions. Compensation must be determined based on legal principles and fairness, without placing undue burden on taxpayers.
“I am confident that both medical experts sympathize with the plaintiff. Nonetheless, we must set aside emotions when making a professional assessment of this case. The compensation must align with legal principles and not unjustly enrich the plaintiff at taxpayers’ expense,” he added.
Failure to Perform Emergency Caesarean
The claim was filed by the plaintiff’s mother in January 2023 on behalf of her child, born on February 11, 2010. The child was diagnosed with cerebral palsy after doctors failed to perform an emergency caesarean section within the recommended timeframe.
The plaintiff argued that the delay deprived her of the chance to be born without severe brain damage, while the defense claimed that the placenta separation made the outcome unavoidable. Expert witnesses provided differing opinions on the plaintiff’s life expectancy, with one estimating 44 years and another limiting it to 29 years.
The court determined that the delay directly caused the plaintiff to lose a reasonable chance of being born without serious complications, noting that medical staff should have acted more swiftly given the high-risk pregnancy.
Maximum Life Expectancy Set at 29 Years
Regarding life expectancy, Techiong ruled a maximum of 29 years, rejecting the plaintiff’s expert’s 44-year estimate, citing medical data showing only a 26% chance of survival beyond 29 years.
The court awarded RM300,000 in general damages, RM458,400 in special damages, RM51,300 for pre-trial losses, and RM1.47 million in future general damages. A 5% annual interest rate was applied to most of the sum. However, the court denied claims for aggravated damages, noting that the lawsuit was filed more than a decade after the incident.
Plaintiff’s lawyers Karhti Kanthabalan and Abigail Sarah Kumar represented the family, while Senior Federal Counsel Masriwani Mahmud represented the government.
