Ipoh High Court awards couple RM155k in hospital negligence case
Judicial commissioner Moses Susayan ruled in favour of Ahmad Azib Ahmad and his wife, Intan Shahrazad Azri, stating that the hospital administration's failure to implement a safe system of work for pregnant staff had directly contributed to the loss of the couple's unborn child.
Free Malaysia Today reported that the couple established their claim on a balance of probabilities.
Delivering the judgment online, Susayan said that employers are required to carry out a risk assessment to evaluate whether an employee can safely continue her duties upon becoming pregnant. He noted that this responsibility was not fulfilled.
"They failed to do so, and instead shifted the burden onto her to produce a written request," he was quoted as saying.
The court also awarded RM40,000 in costs to the plaintiffs.
The suit, filed in 2021, was against the government and the administrators of Teluk Intan District Hospital for violations of Sections 15 and 16 of the Occupational Safety and Health Act (OSHA), as well as for common law negligence.
Section 15 of OSHA, which applies to both public and private sector employers, states that they must provide a safe working environment for their employees. Section 16 requires employers to formulate suitable occupational safety and health policies at the workplace.
According to their statement of claim, Intan said she had undergone an "overburdened workload" during her second pregnancy in late 2018, as the hospital administrators failed to provide her with a co-worker. She stated that she had informed her superiors, but they only asked her to submit a doctor's letter stating that she could only do light duties.
Lawyer PA Sharon represented the couple, while senior federal counsel Norazlinawati Arshad and federal counsel Siti Hanida Abdul Kadir acted for the government.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
8 hours ago
- New Straits Times
High penalties trap consumers in unwanted wellness subscriptions
KUALA LUMPUR: Consumers attempting to cancel unwanted wellness subscriptions are being hit with penalties as high as RM58,000, the National Consumer Complaints Centre (NCCC) said. NCCC senior manager Saral James Maniam said that the RM58,000 penalty applied to just one service. The centre has also received complaints involving digital and media services. She said the NCCC had observed a rise in complaints from consumers who felt trapped by unwanted subscriptions due to excessive delays, steep penalties or complicated cancellation procedures. The centre is preparing a report covering 2019 to 2024 and does not intend to reveal complaint totals until its expected release in November. Saral said, however, that the figures were alarming. She said 77 per cent of the complaints received were related to wellness services, such as gyms, beauty, skin and weight management, with digital services in telecommunication and streaming making up the remaining 23 per cent. She said gym memberships topped the list at 42 per cent of total complaints, mostly from those aged between 18 and 40. Weight management programmes, which often come with hefty price tags and lengthy contracts, made up a further nine per cent. "This was followed by spa and beauty services at 14 per cent and facial or cosmetic skin treatments at 12 per cent, mostly involving working professionals and urban women aged between 20 and 45. "In digital and media services, telecommunications contributed 13 per cent and streaming subscriptions 10 per cent. "These services span all age groups, but subscription traps disproportionately affect elderly users and digitally vulnerable groups, including those unfamiliar with opt-out processes or digital billing," Saral told the New Sunday Times. Saral said more elderly consumers were also reporting complaints involving telecommunication services, especially over unsolicited charges and unclear auto-renewal plans. She said penalties imposed on consumers seeking to terminate contracts typically range from RM1,500 to RM5,000 for gym memberships, RM1,300 to RM10,000 for spa and beauty services and RM6,400 to RM40,000 for skin treatments. Other complaints included termination charges for telecommunication packages (RM300 to RM3,800), broadcast TV subscriptions (RM170 to RM10,000) and weight management programmes (RM1,500 to RM58,000). "Signing up for a plan is simple, but cancellation is difficult. "In many cases, consumers unknowingly commit to long-term contracts through free trials that automatically convert into paid plans. "These practices, whether designed intentionally or by inertia, unfairly skew the marketplace in favour of businesses, often at the expense of consumer rights and financial wellbeing." Saral said while the Consumer Protection Act 1999 offers safeguards, particularly for prepaid "future services", such as gym or tuition packages, it does not cover digital or auto-renewing subscriptions. Telecommunications contracts, she said, remain a regulatory grey area. Under current practices, service providers are allowed to impose early termination penalties at their own discretion, with little to no consumer recourse. "This puts consumers in a difficult position, either to tolerate poor service or pay a hefty sum to escape." Saral added that there was no standardised requirement for companies to waive penalties in cases of unresolved service failure. CONSUMER ADVICE She advised consumers to review contracts and cancellation terms before signing up, and to use credit cards instead of debit cards for recurring charges, which offer more protection for dispute resolution. "Do not scan QR codes or provide card information without verifying the merchant. "In one case, a consumer was charged RM99 after scanning a QR code on a water meter from a third-party service provider," She urged affected consumers to lodge complaints through my or take matters to the Tribunal for Consumer Claims. CALL FOR STRONGER PROTECTION Saral said Malaysia should adopt global best practices to close loopholes and strengthen consumer protections. She said the government should establish a centralised redress platform — a one-stop portal involving the Domestic Trade and Cost of Living Ministry, Malaysian Communications and Multimedia Commission, Health Ministry and local councils — to streamline licensing, regulation and consumer complaints. "Each of these agencies and ministries is responsible for licensing, regulation and consumer redress in their domains," she said. Saral urged regulators to mandate clear disclosures on contract duration, auto-renewal terms, cancellation procedures and total upfront and recurring costs, practices already in place in countries, like Australia and the United Kingdom. "In Australia, the Competition and Consumer Commission enforces mandatory pre-contract disclosures. "In the United Kingdom, companies must comply with the Consumer Contracts Regulations 2013, ensuring full disclosure." Saral proposed a cooling-off period for high-value contracts, especially for gyms, slimming centres and beauty packages.
The Star
a day ago
- The Star
Hole-in-heart teen preparing for SPM, needs RM60,000 for surgery
Yee (left) says CCEP Foundation is helping Muhammad Nur Amin raise funds for life-saving surgery. A TEENAGER suffering from congenital heart defect urgently needs RM60,000 for life-saving surgery to close a hole in the heart. Despite his medical condition, Muhammad Nur Amin Abdullah, 17, is hopeful that he can sit for his Sijil Pelajaran Malaysia (SPM) and pursue his dreams of furthering his studies. His mother Noor Suryana-linda Mohd Ghazali Ejau said he was diagnosed with a hole in his heart at the age of five. As he grew older, the hole gradually became larger. 'Now his heart has become swollen, making him easily tired and short of breath,' said Noor Suryanalinda. Muhammad Nur Amin has since been referred to National Heart Institute (IJN) for treatment. 'To make sure he doesn't skip meals, I prepare food at home for him to take to school every day as he has afternoon classes in preparation for SPM. 'My child is not picky; he eats whatever I cook,' Noor Suryanalinda said. 'However, he cannot eat catfish or too much meat because he has high blood pressure, and he also cannot consume oily food.' She said he was admitted to the hospital twice last year. Despite his medical condition, she said her son insisted on going to school every day. 'He studies hard because he wants to be like other healthy kids. 'But he has fainted many times in school due to fatigue, as his classroom is on the fourth floor. 'When he feels unwell at school, his teachers will call me to pick him up,' said Noor Suryanalinda. She said her son has recently been absent from school because of persistent vomiting and rapid heartbeat. 'He cannot do heavy labour because it will make him very tired, and exhaustion worsens his condition. 'He hopes to enter university to study something related to computers. 'He also wishes he could ride a motorcycle, but it's impossible with his current condition,' she said. Noor Suryanalinda added, 'He is a good child, very hardworking and often helps me take care of his younger siblings.' Community Care Enrichment Programme (CCEP) Foundation has stepped in to help raise funds for Muhammad Nur Amin who is the second child among seven children. According to CCEP chief executive officer Yvonne Yee, Muhammad Nur Amin's eldest brother works in a factory, earning about RM50 per day to help support the family who live in Kota Tinggi, Johor. 'His elder brother had a road accident at the age of 10, which caused a bone misalignment that has never been operated on,' she said. 'Amin's 16-year-old brother is disabled due to an accident when he was a small child. 'Due to the lack of funds for treatment, he became unable to walk. 'The other siblings are 12, seven and six years old and a three‑month‑old baby,' said Yee. She said the children live together with their parents and grandparents in a single residential unit. Currently, the grandparents are receiving assistance from the Welfare Department (JKM). 'Amin's mother does not work, and the family depends only on the father's monthly income of RM800 and some aid from JKM. 'After we learned about their living conditions, we decided to raise funds to help Amin,' Yee said. She said Muhammad Nur Amin had already undergone one surgery at five. Now his heart has become swollen again, and CCEP hopes to raise enough funds so he can undergo life-saving surgery as soon as possible. Those who wish to contribute can call Yee at 018-271 8849. Donations are tax-exempt.
Borneo Post
2 days ago
- Borneo Post
State Govt supports setting up Sabah's first children's hospice
Liew (third left) witnessing the presentation of a mock cheque for RM200,000 raised from a public collection and the fund-raising dinner, by the president of the Malaysian Medical Association (MMA), Dato' Dr Kalwinder Singh Khaira (fourth left) to the Vice-President of the Malaysian Association of Paediatric Palliative Care (MAPPAC), Dr Ng Su Fang. Looking on from right are Founder of Sepeda Amal Borneo cum Organising Chairman, Dr Timothy Cheng, President Elect of the Malaysian Medical Association (MMA), Datuk Dr Thirukanavarasu Rajoo, eight-year-old cancer patient Ashton Jacob, MP for Bentong, Young Syefura Othman, and chairman of MMA Sabah Branch, Dr Brandon Patrick Senagang (left). KOTA KINABALU (Aug 1): The State Government supports the vision of the Malaysia Medical Association (MMA) and Malaysian Association of Paediatric Palliative Care (MAPPAC) to establish the state's first children's hospice, said Chief Minister Datuk Seri Panglima Haji Hajiji Haji Noor. 'The State Government recognises the importance of palliative care for children. Addressing these challenges will be an important step in our ongoing efforts to strengthen healthcare equity and uphold our commitment to people-centred development,' he said. The initiative by the MMA in collaboration with MAPPAC to raise funds and awareness to build the Children Hospice in Sabah through the SEPEDA Amal Borneo 2025, a cross-Borneo cycling campaign, is a noble effort, he said at the SEPEDA fund-raising dinner at the Hilton Hotel here today. Tourism, Culture and Environment Minister Datuk Seri Panglima Christina Liew delivered his speech. 'Children with serious and life-limiting illnesses deserve not only medical attention, but also dignity, comfort and a sense of peace – wherever they are, whether in hospital or at home. 'Their families need support, understanding, and the assurance that they are not walking this arduous journey alone. 'Nationwide, an estimated 80,000 children are in need of such care, and right here in Sabah, around 9,000 children live with life-limiting and non-curable illnesses. 'These young children and their families deserve not only medical care, but compassion, dignity and support throughout their journey,' he said. The Chief Minister noted that while progress has been made, access to specialised paediatric palliative care can still be limited in certain parts of Sabah, particularly in rural and interior areas. 'I was told that at the moment, paediatric palliative care is provided solely by a dedicated team at the Sabah Women's and Children's Hospital, Likas, since 2013. The unit receives more than 100 referrals a year and this number is increasing,' he said. In this regard, Hajiji lauded the dedication of the Ministry of Health for continuing to develop this service in Sabah as well as the MAPPAC for its efforts to bring free home-based palliative care services to communities across Sabah. He also congratulated the 17 cyclists from around the world for embarking on this challenging journey in the name of charity, having cycled from Sandakan one week ago and arrived in Kota Kinabalu yesterday. 'This cross-Borneo cycling campaign is not just a show of endurance; it is a journey of compassion and hope. By raising both funds and awareness for the establishment of the children's hospice in Kota Kinabalu, you are helping to build a lifeline for children and families in need,' he said. He said the MMA's leadership in this cause reflects a deep commitment to public service, extending beyond the clinic and the hospital, which is a testament to what the medical profession stands for. 'In this regard, I applaud the MMA's efforts and synergy in serving communities and in this regard, expanding resources to paediatric palliative care, complementing the government's role for a more inclusive and compassionate Sabah,' he said. 'The impact of your initiative will enrich the fabric of our society and significantly enhance the overall well-being of our communities. On behalf of the State Government of Sabah, I thank you for your exemplary efforts,' he said.
