A young girl was awarded millions of Ringgit by the Ayer Keroh High Court in a lawsuit filed against a government hospital and its doctors for medical negligence.
The lawsuit was filed by 8-year-old Hanan Qaireen Mohd Sukri through her Mohd Sukri Mahat, who also acts as her legal litigation representative, reported NST.
Lawsuit details
According to the statement of claim, Hanan was born on Feb 18, 2018, with APGAR scores of 1, 3 and 4 at 1, 5 and 10 minutes respectively.
At the fourth minute, she was intubated as she was unable to breathe on her own and was subsequently admitted to the Neonatal Intensive Care Unit.
An electroencephalogram conducted on the same day showed moderate to severe neonatal encephalopathy.
On Mar 9, 2018, an MRI scan showed Haran had sustained severe injuries to several key brain structures. Subsequent examinations between 2019 and 2023 later confirmed the diagnosis of Spastic Quadriplegic Cerebral Palsy, which affects movement in all four limbs.
The lawsuit was filed on Oct 30, 2023, where a total of 11 defendants were named, including the Malaysian government, a hospital director and nine doctors. Haran’s mother was also named as the second plaintiff.
However, the suit against the 10 defendants was withdrawn and Haran’s mother had her name removed after the Malaysian government admitted liability on the final day of the trial on June 16.
Court awards RM12.19mil
After assessing the damages, Judicial Commissioner Datuk Isa Aziz Ibrahim awarded Haran RM10.77 million in future general damages to cover her lifelong treatment, rehabilitation and multidisciplinary care.
She was also awarded RM500,000 in general damages, RM441,754.83 in special damages, RM300,000 in aggravated damages, RM157,792.22 in pre-trial damages and RM176,718.75 in legal costs and expenses.
An interest of five per cent was also levied on the relevant damages and judgment sum.
However, Isa rejected a RM220,000 claim for stem cell treatment after he ruled that its effectiveness had yet to be established and that it remained experimental.
He also advised Haran’s family to utilise the compensation wisely for Haran’s wellbeing.
“Although the amount may seem large, it is for 55 years. If calculated, the compensation is only about RM20,000 a month, which I believe is adequate and not excessive.
What has happened has happened. This is our qada and qadar as Muslims. I hope the amount will not be wasted and will be used as it should.”
The ruling left Haran’s family elated, who could finally put the 8-year ordeal behind them.
Her mother praised the court decision, saying it had finally “secured justice” for her daughter.
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