Thaqif Asyraf bin Khairol Nizam (suing through his mother and litigation representative, Syazwani binti Drani v Government of Malaysia & Ors [2023] 1 LNS 2261

Summary​

In Sept 2024, the Court of Appeal increased the Penang High Court’s damages to RM9.45 million for 10-year-old Thaqif Asyraf Khairol Nizam, who suffered irreversible brain injuries at birth due to negligent treatment at Penang Hospital.​

The incident occurred after misinterpreted fetal distress signs during labor led to delayed emergency delivery. Thaqif faced complications like meconium aspiration syndrome and spent nine days on a ventilator. His parents weren’t informed about his brain injuries or subsequent developmental issues until 6 months later when a health clinic noted his abnormal growth.​

The court highlighted that the delay in providing timely care directly caused the child’s permanent injuries, which led to the substantial damages awarded.

Compensation Received:​

RM9.45 million (NEW RECORD IN DAMAGES):- ​

  • Future General Damages: RM8 million​
  • Special Damages: RM735,000​
  • General Damages: RM400,000​