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AN eight-year-old girl who suffered permanent brain damage due to medical negligence during birth nine years ago was awarded RM2.73 million in damages.
The Alor Setar High Court ordered the government to pay damages after it admitted liability for the girl suffering Hypoxic Ischaemic Encephalopathy (HIE) due to negligent management during delivery.
The girl was delivered at the Sultanah Bahiyah Hospital on May 15, 2017, reported the New Straits Times.
The court heard that cardiotocography readings later showed signs of foetal distress, while a vacuum-assisted delivery involving five vacuum tractions was eventually carried out in the early hours of May 15.
The girl was delivered at 3.09 am with critically low Apgar scores and required immediate resuscitation after her heart rate dropped to 60 beats per minute.
She was subsequently diagnosed with HIE stage five, resulting in severe brain injury.
On May 10, 2022, the girl, through her father, filed the suit against the government and 10 medical personnel from the hospital.
On Dec 11, 2024, the government admitted liability and the claims against doctors and nurses were subsequently withdrawn. The court then proceeded solely on the assessment of damages.
According to NST, the court accepted that the girl's condition was permanent and irreversible, adding that she would remain wholly dependent on others for every aspect of her daily life.
The court awarded RM1,389,414 for future care and related expenses, including medical and rehabilitation needs, RM400,000 in general damages for pain and suffering and loss of amenities, as well as RM314,686.12 in special damages.
It also granted RM238,500 in pre-trial damages, RM200,000 in future general damages and RM186,159.72 in costs to the plaintiff.
However, Judicial Commissioner Datuk Mohd Aimi Zaini Mohd Azhar rejected various claims for future medical treatment, consultations, rehabilitation, medication and surgeries, ruling that the girl was entitled to free treatment at government hospitals.
The plaintiff had initially sought RM18.78 million in damages.
Lawyers Manmohan Singh Dhillon, Desmond Mun, and Alicia Chin appeared for the girl while senior federal counsel Siti Asmath Che Man represented the government. – May 12, 2026
