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The Malaysian government has been ordered to pay RM5.63 million in damages to a nine-year-old boy who suffered severe brain damage during birth at Teluk Intan Hospital in 2017.
High Court Judge Datuk Bhupindar Singh Gurcharan Singh Preet ruled that the child, who now lives with spastic quadriplegic cerebral palsy, is entitled to comprehensive compensation covering past expenses, as well as lifelong medical treatment, rehabilitation, and care.
Court documents state that the boy, born on 22 January 2017, experienced oxygen deprivation and reduced blood flow to the brain during delivery, resulting in hypoxic ischemic encephalopathy.
He remains unable to move independently and requires assistance for feeding, relying entirely on others since birth. The child can only briefly move both hands.
The civil suit was filed by the boy’s father against the government and 15 doctors named as defendants. On 22 August 2022, the government admitted liability, leaving the court to determine the quantum of damages.
In assessing compensation, the court accepted unchallenged expert testimony from rehabilitation physician Dr Aishah Ahmad Fauzi, noting that the government did not call its own expert witnesses.
The judge emphasised that uncontroverted expert evidence must be accepted unless it is proven unreasonable.
The largest component of the award, RM3,076,797, covers long-term care and accommodation, including the employment of full-time domestic helpers, nursing care, respite care for the parents, the purchase of a suitable terrace home, and a multi-purpose vehicle equipped with a hydraulic wheelchair lift.
The court also awarded RM942,886 for future medical consultations and therapies, RM399,586 for future medications, RM387,004 for equipment and assistive devices, and RM65,000 for planned future surgery.
Additionally, the judgment included RM168,873 in special damages, RM192,384 for pre-trial losses, and RM400,000 in general damages for pain, suffering, and loss of enjoyment of life. The plaintiff was also awarded legal costs of RM120,000.
The sum is to be held in trust by the boy’s father as litigation representative under Order 76, Rule 12 of the Rules of Court for the benefit and welfare of the child.
The plaintiff was represented by lawyers Manmohan Singh Dhillon and Luqman Fridaus, while Senior Federal Counsel Norazlinawati Mohamad Arshad appeared for the government. - February 20, 2026
