Latest news with #MosesSusayan
Free Malaysia Today
10-07-2025
- Health
- Free Malaysia Today
Mother of man who died in prison custody awarded RM560,000 in damages
Lawyer M Visvanathan explains the Ipoh High Court's decision to R Muniamah and her nephew. They are flanked by counsel V Sanjay Nathan (left) and Pushan Qin Nathan. PETALING JAYA : The Ipoh High Court today awarded RM560,000 in damages to the mother of a man who died in prison custody on the day of his release in 2017, ruling that there was a systemic failure by the authorities to safeguard the health and wellbeing of R Siva. Judicial commissioner Moses Susayan found that Siva had been healthy and fit before his incarceration at Tapah prison. 'However, on the day of his release, a brother of the deceased was instead instructed to go to Tapah Hospital to collect his body,' he said in allowing the civil suit filed by Siva's mother, R Muniamah. He said the Tapah prison authorities had failed to inform the family of Siva's condition. 'There was suppression of information by the authorities, despite being in possession of the family's contact details,' Susayan said. The judge ruled that prison and police officers had deprived Siva of his liberty and failed in their duty to protect his wellbeing, including his right to life with dignity, and access to basic needs such as adequate healthcare, a proper diet, and timely medical attention. 'In this case, there was systemic failure and medical neglect. The defendants' own witnesses admitted to a dereliction of duty,' he said. A prison medical officer, under cross-examination, admitted that the facility was at its 'lowest ebb' at the time and failed to meet the standards required under the Prison Regulations and the Prison Act. Susayan awarded the following damages: RM200,000 in general damages for misfeasance in public office; RM300,000 in aggravated damages; RM10,000 for bereavement; RM38,400 for dependency claims; and RM15,500 in special damages. He also ordered the government to pay RM70,000 in legal costs. Siva, 30, died on March 20, 2017, the day he was supposed to be released after serving an eight-month jail sentence for theft. An inquest conducted by the coroner's court concluded that he died of natural causes due to disease. Muniamah named 13 defendants in her suit, including Tapah prison officers, police officers, and the federal government, citing negligence, breach of statutory duties, and misfeasance in public office. She was represented by lawyers M Visvanathan, V Sanjay Nathan and Pushan Qin Nathan, while senior federal counsel Siti Aishah Ramlan and federal counsel Siti Norashikin Hassanor appeared for the government.
New Straits Times
09-05-2025
- Health
- New Straits Times
Ipoh High Court awards couple RM155k in hospital negligence case
KUALA LUMPUR: The Ipoh High Court awarded RM155,000 in damages to a public hospital staff member and her husband after ruling that the hospital failed to conduct a mandatory risk assessment during her pregnancy, which led to a miscarriage in 2018. 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.
New Straits Times
25-04-2025
- Health
- New Straits Times
Ipoh High Court awards RM822,000 to parents in medical negligence case
KUALA LUMPUR: The High Court in Ipoh has ordered the government to pay over RM822,000 in damages to the parents of an 11-month-old boy who died following medical mismanagement and delays at Hospital Permaisuri Bainun (HRPB) seven years ago. Judicial Commissioner Moses Susayan made the ruling in favour of Zuasnita Baharudin, 45, and Hishamuddin Shaharum, 58, after the defendants had admitted liability in the matter. According to court documents, the couple brought their son, Hiejjaz Fadzlie, to the hospital on April 5, 2018, with symptoms of fever, cough, and difficulty breathing. Despite clear signs of respiratory distress, medical intervention was delayed, and the treatment administered was inadequate, with no proper escalation to a specialist facility. The child suffered for over a month with multiple complications before succumbing to septic shock and passed away on May 21, 2018. Zuasnita and Hishamuddin subsequently filed a lawsuit, naming 44 defendants — including several doctors, Hospital Raja Permaisuri Bainun (HRPB), and the government. Delivering his judgment on damages, Moses said the case was marked by 'exceptional neglect and inaction,' which led to the child's prolonged suffering and inflicted deep emotional trauma on his parents. "Despite the child's worsening condition, there was no documented discussion between specialists regarding stabilising and transferring the child. "There was no structured medical plan by any of the 44 defendants to stabilise and manage the child's condition effectively. "The parents were kept in the dark about the child's deteriorating condition and the need for a transfer until two weeks after admission. "The child was left under the care of medical officers only, without proper specialist intervention, despite clear signs of deterioration," he said in his 59-page judgment uploaded on the Judiciary Department's website yesterday. The court subsequently awarded RM22,180 in special damages, RM300,000 in general damages, and RM500,000 in aggravated damages. However, the court disallowed the plaintiffs' claim for vindicatory damages, as it failed to meet the required legal threshold of proving that the defendants' conduct was outrageous, oppressive, malicious, or unconstitutional. The court also awarded RM101,333.85 in cost to the plaintiffs. The plaintiffs were represented by lawyer Ranjit Singh while senior federal counsel Masriwani Mahmud@Mamat appeared for the defendants.
