Summary​

In 2023, the KL High Court awarded over RM8 million to a woman and her four-year-old daughter who suffered severe brain damage due to medical negligence during childbirth at a government hospital.​

In March 2019, the mother, with a high-risk obstetric history, was scheduled for an emergency caesarean section. However, on the evening of March 17, 2019, signs of fetal distress, including bradycardia (when a baby’s heart rate slows down) were detected, but a delayed decision was made to perform the caesarean at 9:20 pm. As a result, the child suffered hypoxic-ischemic encephalopathy, leading to spastic quadriplegic cerebral palsy and developmental delays.​

The child now requires constant care, unable to perform basic functions like feeding, bathing, and communication. The court found that the delay in medical intervention was a key factor in the child’s condition.

Compensation Received:​

RM8 million+ :- ​

  • Special Damages: RM209,172 to cover actual expenses incurred.
  • General Damages:​
    -RM500,000 to the child for pain and suffering​
    -RM114,000 to the mother for future psychiatric treatments.​
  • Aggravated Damages: RM350,000 for emotional distress​
  • Future General Damages: RM6,954,156 to cover the child’s care over 40 years, averaging RM173,853.90 annually.