A 16-year-old who suffered severe brain damage at birth has been awarded RM4.1 million in damages after the High Court in Johor Bahru found the owner of a private maternity home and a doctor liable for medical negligence.
Justice Nurulhuda Nuraini Nor awarded the teenager RM600,000 in general damages and RM3.5 million for his future rehabilitation. The mother was awarded RM80,000 damages for emotional distress and anxiety.
The owner of the nursing home in Johor Bahru and the doctor who delivered the boy by way of a Cesarean section were ordered to pay RM100,000 costs.
The doctor and the nursing home have filed an appeal against the decision.
In the written judgment, the judge said: “The doctor is liable because he had neglected his duty of care to the mother and her baby, while the owner of the maternity home was vicariously liable.”
Nurulhuda said the doctor was to be held responsible for the child’s condition due to the late procedure.
The mother had filed the suit in 2020 on behalf of her son, who is dependent on her.
The facts of the case revealed that the mother went to the maternity home, which is also a clinic, at about 10am on Sept 28, 2009. She was later advised to undergo a C-section by the doctor as the umbilical cord was surrounding the baby’s neck.
However, the doctor only carried out the Caesarean and delivered the baby at 7pm.
At about 5.30am on Oct 1, 2009, the baby was sent to Sultanah Aminah government hospital by ambulance as he was not sucking well, had breathing difficulties, and was lethargic.
He was found to be suffering from severe hypoglycaemia (low blood sugar) and had an infection.
The baby was discharged on Nov 14 but after returning home, he was found jerking while his mouth had become distorted.
A medical examination at a private hospital revealed he had suffered brain damage.
Due to cost reasons, the baby was readmitted to the government hospital for a week from Nov 15. On Nov 23, he was referred to Hospital Kuala Lumpur and was attended to by a consultant child neurologist, who confirmed his medical condition.
Lawyers R Jayabalan, N Jegatheesan, Christopher Tan and S Shamilan acted for the plaintiff, while counsel B Thinesh and Raja Eileen Soraya Raja Aman represented the defendants.
