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THE government has been ordered to pay RM5.63 million in damages to a nine-year-old boy who suffered serious brain damage when he was born at Teluk Intan Hospital in 2017.
High Court Judge Datuk Bhupindar Singh Gurcharan Singh Preet said the boy, who is now living with quadriplegic spastic cerebral palsy (paralysis), is entitled to comprehensive compensation covering past expenses as well as his lifelong medical, rehabilitation and care needs.
According to court documents, the child, the plaintiff, was born on January 22, 2017, but suffered a lack of oxygen and blood flow to the brain during the birth process, resulting in hypoxic ischemic encephalopathy.
Berita Harian reported that the boy is still unable to move on his own and needs to be fed. He can only move both hands for a short time.
Since birth, the plaintiff has been completely dependent on others. The child, through his father, filed a civil suit against the government and 15 doctors as defendants.
On 22 August 2022, the government admitted liability, and the court only had to determine the amount of damages to be paid.
In assessing damages, the court accepted unchallenged expert testimony from rehabilitation medicine specialist Dr Aishah Ahmad Fauzi, noting that the government had not called their expert witnesses.
The judge ruled that the unchallenged expert testimony must be admitted unless proven unreasonable.
The largest component of the award was long-term care and accommodation needs, amounting to RM3,076,797.
This included the cost of employing a full-time maid, nursing care, respite care for the parents, the purchase of a suitable terraced house and a multipurpose vehicle equipped with a hydraulic wheelchair lift.
The court also awarded RM942,886 for future medical consultations and therapy, RM399,586 for future medications, RM387,004 for equipment and aids, and RM65,000 for future surgeries.
The court also awarded RM168,873 as special damages, RM192,384 as pre-trial damages and RM400,000 as general damages for pain and suffering and loss of enjoyment of life.
In addition, the court ordered the payment of costs of RM120,000 to the plaintiff.
The judgment amount shall be held in trust by the plaintiff's father as the litigation representative in accordance with Order 76 Rule 12 of the Rules of Court for the welfare and benefit of the child concerned.
The plaintiff was represented by lawyers Manmohan Singh Dhillon and Luqman Fridaus, while Senior Federal Counsel Norazlinawati Mohamad Arshad represented the government. – February 20, 2026
