KUALA LUMPUR: The High Court here on Wednesday (July 5) has awarded more than RM8mil to a woman and her four-year-old daughter who suffered severe and irreversible brain damage due to medical negligence during the child’s birth at a government hospital.
In the grounds of judgement issued on April 17, this year, Judicial Commissioner Roz Mawar Rozain made a decision after the government confirmed the admission of liability for all the plaintiff's claims with damages and costs.
Roz Mawar awarded both plaintiffs RM209,172 for special damages and general damages of RM500,000 to the first plaintiff and RM114,000 to the mother. In her judgement, Roz Mawar said it was indeed an expensive lesson for the defendant to learn, but the amount could repair the damage done to the first plaintiff.
According to Roz Mawar, this was a tragic case where the first plaintiff suffered severe and irreversible brain damage at birth on March 17, 2019 at the government hospital, and the second plaintiff, who had a high-risk obstetric history and was initially planned to undergo an emergency lower segment caesarean section on March 18, 2019 to birth the first plaintiff."Despite detecting that, a delayed decision was made at 9.20pm for the second plaintiff to undergo an emergency caesarean.
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