Ipoh High Court awards RM822,000 to parents in medical negligence case
Judicial Commissioner Moses Susayan made the ruling in favour of Zuasnita Baharudin, 45, and Hishamuddin Shaharum, 58, after the defendants had admitted liability in the matter.
According to court documents, the couple brought their son, Hiejjaz Fadzlie, to the hospital on April 5, 2018, with symptoms of fever, cough, and difficulty breathing.
Despite clear signs of respiratory distress, medical intervention was delayed, and the treatment administered was inadequate, with no proper escalation to a specialist facility.
The child suffered for over a month with multiple complications before succumbing to septic shock and passed away on May 21, 2018.
Zuasnita and Hishamuddin subsequently filed a lawsuit, naming 44 defendants — including several doctors, Hospital Raja Permaisuri Bainun (HRPB), and the government.
Delivering his judgment on damages, Moses said the case was marked by 'exceptional neglect and inaction,' which led to the child's prolonged suffering and inflicted deep emotional trauma on his parents.
"Despite the child's worsening condition, there was no documented discussion between specialists regarding stabilising and transferring the child.
"There was no structured medical plan by any of the 44 defendants to stabilise and manage the child's condition effectively.
"The parents were kept in the dark about the child's deteriorating condition and the need for a transfer until two weeks after admission.
"The child was left under the care of medical officers only, without proper specialist intervention, despite clear signs of deterioration," he said in his 59-page judgment uploaded on the Judiciary Department's website yesterday.
The court subsequently awarded RM22,180 in special damages, RM300,000 in general damages, and RM500,000 in aggravated damages.
However, the court disallowed the plaintiffs' claim for vindicatory damages, as it failed to meet the required legal threshold of proving that the defendants' conduct was outrageous, oppressive, malicious, or unconstitutional.
The court also awarded RM101,333.85 in cost to the plaintiffs.
The plaintiffs were represented by lawyer Ranjit Singh while senior federal counsel Masriwani Mahmud@Mamat appeared for the defendants.
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