Teen with brain damage at birth wins RM4.1m damages in Johor court
According to Free Malaysia Today, the court found a doctor and the owner of a private maternity home liable for medical negligence.
Judge Nurulhuda Nuraini Nor awarded RM600,000 in general damages and RM3.5 million for the teenager's future rehabilitation. His mother was also granted RM80,000 for emotional distress and anxiety.
The doctor who performed the caesarean section, along with the owner of the Johor Bahru-based maternity home, were ordered to pay RM100,000 in costs.
In her recently issued written judgment, Judge Nurulhuda said: 'The doctor is liable because he had neglected his duty of care to the mother and her baby, while the owner of the maternity home was vicariously liable.'
The court held the doctor responsible for the delay in performing the caesarean, which contributed to the child's condition.
The mother filed the suit in 2020 on behalf of her son, who remains dependent on her.
According to case facts, she had arrived at the maternity home — also functioning as a clinic — around 10am on September 28, 2009. The doctor advised a caesarean delivery due to the umbilical cord being wrapped around the baby's neck.
However, the procedure was only carried out at 7pm.
On October 1, at about 5.30am, the newborn was transferred by ambulance to Sultanah Aminah Hospital after showing signs of poor feeding, difficulty breathing and lethargy.
He was later diagnosed with severe hypoglycaemia (low blood sugar) and an infection.
Upon discharge on November 14, the baby showed symptoms of muscle stiffness and facial distortion. A subsequent examination at a private hospital confirmed he had sustained brain damage.
Due to financial constraints, the child was admitted to a government hospital for a week starting November 15. He was later referred to Hospital Kuala Lumpur on November 23, where a paediatric neurologist confirmed his neurological condition.
Lawyers R. Jayabalan, N. Jegatheesan, Christopher Tan and S. Shamilan represented the plaintiff, while B. Thinesh and Raja Eileen Soraya Raja Aman appeared for the defendants.
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