Johor Boy Left Disabled Due To Medical Negligence Awarded RM4.1 Million In Damages

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For 16 years, a mother in Johor has cared for her son, who lives with permanent brain damage and is fully dependent on her for everything, a reality that began the day he was born

She had gone to a private maternity clinic in Johor Bahru on the morning of 28 September 2009, expecting a safe delivery.

Instead, she waited for nine agonising hours after being told a caesarean section was necessary due to the umbilical cord being wrapped around her baby's neck.

The procedure was only performed later that evening.

By then, it was nine hours too late, according to FMT.

Last week, the Johor Bahru High Court ruled in her favour, awarding RM4.1 million in damages after finding both the attending doctor and the clinic owner responsible for the delay that led to her son's lifelong condition

Describing the delay as "inexcusable", Judge Nurulhuda Nuraini Nor found that the doctor had breached his duty of care, and that the clinic owner was "vicariously liable" for what happened on their premises.

The court awarded RM3.5 million for the boy's future rehabilitation care, RM600,000 in general damages, and RM80,000 to the mother for emotional distress.

The defendants were also ordered to pay RM100,000 in legal costs.

According to court documents, the newborn was transferred to Sultanah Aminah Hospital three days after his birth, as he showed signs of lethargy, poor feeding, and breathing difficulties.

Despite several attempts to get him care, including a referral to a neurologist at Kuala Lumpur Hospital, his condition only worsened.

The mother filed the lawsuit in 2020. It took five years for the ruling, and over 16 years for someone to finally be held accountable.

The defendants, represented by lawyers B Thinesh and Raja Eileen Soraya Raja Aman, have filed an appeal.

The plaintiff was represented by R Jayabalan, N Jegatheesan, Christopher Tan, and S Shamilan, according to the New Straits Times.