Medical negligence: Court awards girl, 9, RM2.78 million

A nine-year-old girl was awarded RM2.78 million in damages by the High Court here today, in a suit against the government, a hospital and 28 others over medical negligence which allegedly caused her to suffer brain damage.

Counsel Manmohan S. Dhillon, representing the child, Nurul Husna Muhammad Hafiz told reporters that Judicial Commissioner Vazeer Alam Mydin Meera ordered the money to be paid to her parents, Muhammad Hafiz Abd Wasit and Dr Nor Azalina Mohd Songib who acted as the child's trustees.

He said the court awarded the amount after hearing testimonies on the quantum of damages from the parents and three medical experts.

Manmohan said last Sept 3, the government, hospital and all the defendants admitted to liability for negligence.

He further said the amount of RM2.78 million involved RM345,031.90 for special damages, RM151,330 for pre-trial damages, RM350,000 for pain and suffering damages and RM1,937,810 for future damages.

"The court told the parents that they are the trustees and must use the money for the child," he said, adding that the court had also ordered the defendants to pay RM213,864 in costs to the plaintiff.

The father, bank officer Muhammad Hafiz, when asked to comment on the ruling said he was satisfied with the quantum as the money would be used to take care of his daughter in future.

In December 2012, Nurul Husna filed her suit through her parents. Nurul Husna and her mother, Nor Azalina were not present in court today.

In the statement of claim, Nor Azalina claimed that Nurul Husna had suffered severe and irreversible brain damage as a result of the negligence of the defendants.

Nor Azalina said she had delivered Nurul Husna at Selayang Hospital on July 22, 2005.

In the suit, they named the Government, 21 doctors and eight medical staff including nurses, who were involved in treating and managing the child at the hospital, as defendants.

Nor Azalina said the negligence and breach of contractual duty to exercise reasonable care and skill had caused her to suffer anxiety and mental anguish.

She said Nurul Husna was, and would for the rest of her life be dependent on others for all of her activities in daily living.

Senior Federal Counsel Zaliha Mohd Janis acted for the defendants.