JOHOR BARU: A teenager who suffered severe brain damage at birth due to a delayed caesarean procedure was awarded RM4.1 million in damages by the High Court here, which found a doctor and the owner of a private maternity home liable for medical negligence.
Judge Nurulhuda Nuraini Nor ruled that the 16-year-old boy, who now suffers permanent disability and is fully dependent on his mother, had been deprived of timely medical intervention after the doctor failed to perform an urgent C-section promptly.
The boy was awarded RM600,000 in general damages and RM3.5 million for future rehabilitation care, while his mother received RM80,000 for emotional distress and anxiety.
The court also ordered the doctor and the maternity home owner to pay RM100,000 in costs.
In her written judgment, Nurulhuda held the doctor personally liable for breaching his duty of care to both mother and child, and found the owner vicariously liable for the negligence that occurred on their premises.
The mother filed the lawsuit in 2020 on behalf of her son, who was born on Sept 28, 2009, at the privately run maternity clinic in Johor Baru.
According to court documents, she had sought help at the centre around 10am, where the doctor advised a C-section due to the umbilical cord being wrapped around the baby’s neck.
However, the surgery was not performed until 7pm, -a delay the court found inexcusable.
The newborn was sent to the Sultanah Aminah Hospital at 5.30am on Oct 1, 2009, after he displayed signs of lethargy, poor sucking reflex, and breathing difficulty.
He was diagnosed with severe hypoglycaemia and infection.
Later assessments confirmed he had suffered irreversible brain damage.
Despite temporary discharge, the baby’s condition deteriorated and he was eventually referred to the Kuala Lumpur Hospital, where a consultant child neurologist confirmed the extent of the injury.
The defendants represented by counsel B Thinesh and Raja Eileen Soraya Raja Aman, have since filed an appeal against the decision.
The plaintiff was represented by lawyers R. Jayabalan, N. Jegatheesan, Christopher Tan, and S. Shamilan.
© New Straits Times Press (M) Bhd
