Court awards RM4.1mil to teen disabled by delayed C-section
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.
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New Straits Times
8 hours ago
- New Straits Times
Court awards RM4.1mil to teen disabled at birth by delayed C-section
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.
New Straits Times
8 hours ago
- New Straits Times
Court awards RM4.1mil to teen disabled by delayed C-section
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.
Malay Mail
17 hours ago
- Malay Mail
Teen with brain damage at birth wins RM4.1m damages in Johor court
KUALA LUMPUR, Aug 3 — The Johor Bahru High Court has awarded RM4.1 million in damages to a 16-year-old boy who suffered severe brain damage during birth. According to Free Malaysia Today, the court found a doctor and the owner of a private maternity home liable for medical negligence. Judge Nurulhuda Nuraini Nor awarded RM600,000 in general damages and RM3.5 million for the teenager's future rehabilitation. His mother was also granted RM80,000 for emotional distress and anxiety. The doctor who performed the caesarean section, along with the owner of the Johor Bahru-based maternity home, were ordered to pay RM100,000 in costs. In her recently issued written judgment, Judge Nurulhuda said: 'The doctor is liable because he had neglected his duty of care to the mother and her baby, while the owner of the maternity home was vicariously liable.' The court held the doctor responsible for the delay in performing the caesarean, which contributed to the child's condition. The mother filed the suit in 2020 on behalf of her son, who remains dependent on her. According to case facts, she had arrived at the maternity home — also functioning as a clinic — around 10am on September 28, 2009. The doctor advised a caesarean delivery due to the umbilical cord being wrapped around the baby's neck. However, the procedure was only carried out at 7pm. On October 1, at about 5.30am, the newborn was transferred by ambulance to Sultanah Aminah Hospital after showing signs of poor feeding, difficulty breathing and lethargy. He was later diagnosed with severe hypoglycaemia (low blood sugar) and an infection. Upon discharge on November 14, the baby showed symptoms of muscle stiffness and facial distortion. A subsequent examination at a private hospital confirmed he had sustained brain damage. Due to financial constraints, the child was admitted to a government hospital for a week starting November 15. He was later referred to Hospital Kuala Lumpur on November 23, where a paediatric neurologist confirmed his neurological condition. Lawyers R. Jayabalan, N. Jegatheesan, Christopher Tan and S. Shamilan represented the plaintiff, while B. Thinesh and Raja Eileen Soraya Raja Aman appeared for the defendants.
