Govt Ordered To Pay RM2.28 Million In Damages To Boy Over HKL Negligence

Follow us on Instagram, TikTok, and WhatsApp for the latest stories and breaking news.

The Kuala Lumpur High Court has ordered the government to pay more than RM2.28 million in damages to a boy who developed severe cerebral palsy following medical negligence during his birth at Hospital Kuala Lumpur (HKL) in 2010

According to the New Straits Times, Judicial Commissioner Gan Techiong ruled that the government was vicariously liable for the actions of a junior medical officer and the then-head of HKL's Obstetrics and Gynaecology Department.

The lawsuit, filed by the boy's mother in January 2023, alleged that doctors failed to perform an emergency caesarean within the recommended time, depriving her son of the chance to be born without brain damage.

The defence argued that the boy's condition was unavoidable, claiming placental abruption made the outcome inevitable. This occurs when the placenta detaches from the womb too soon, cutting off the baby's oxygen and nutrient supply.

The 15-year-old teenager, born on 11 February 2010, was later diagnosed with the most severe form of cerebral palsy — spastic quadriplegia, affecting all four limbs, the trunk, and the face. He remains unable to lift his head and requires lifelong tube feeding for life.

The court ruled that the delay cost the plaintiff a fair chance at being born without serious complications, stressing that doctors should have acted more quickly given the high-risk nature of the pregnancy

During the trial, medical experts from both sides also disputed the boy's life expectancy, with the plaintiffs projecting that he would live up to 44 years while the defendants suggested 29. Gan ultimately accepted the lower estimate.

The judge awarded the boy RM300,000 in general damages, RM458,400 in special damages, RM51,300 in pre-trial damages, and RM1.47 million for future general damages, along with a 5% annual interest on the sums.

However, he reiterated that any award must be guided by law, not emotion, and calculated fairly to avoid placing an undue burden on taxpayers.

In his written judgment, Gan described the boy's condition in court as deeply moving but stressed that sympathy could not dictate the ruling

"When the plaintiff was brought to court in a pram during the trial, most of those present in court, including myself, sitting as the trial judge, could not help feeling sad for him," he said.

However, he reiterated that any award must be guided on law, not emotion, and calculated fairly as to avoid unfair burden on taxpayers.