Hospital ordered to pay almost S$700K for negligence during baby’s delivery 15 years ago

MALAYSIA: Kuala Lumpur General Hospital has been ordered to pay RM2.28 million (about S$690,000) in compensation after negligence by its former head of obstetrics and gynaecology and medical staff during a delivery 15 years ago left a baby with permanent brain damage.

According to China Press, Malaysian High Court Judicial Commissioner Gan Techiong ruled that the hospital must pay RM300,000 (about S$90,000) as general compensation, RM458,400 (about S$140,000) as special compensation, RM51,300 (about S$15,000) as pre-investigation compensation, and RM1.47 million (about S$450,000) as future general compensation.

The court also ordered the respondent to pay 5% interest on the awarded sums but dismissed the application for increased damages as the lawsuit had been filed more than a decade after the incident.

The mother of the boy who is suffering from brain damage brought the matter to court in January 2023, suing the two defendants over a caesarean section performed on February 11, 2010. The procedure allegedly caused her son to suffer severe brain injury, leaving him with cerebral palsy.

In his judgment, the judicial commissioner said the hospital bore liability for the negligence of both the former head of gynaecology and the medical officer involved. He noted with sympathy that the boy suffered from the most severe form of cerebral palsy, was unable to lift his head, and required a feeding tube.

He also stressed that court rulings must be grounded in legal principles and fair calculations rather than sympathy alone, to ensure that taxpayers are not unfairly burdened.