Private hospital ordered to pay over S$1M after 9-hour delay in delivering baby causes brain damage

MALAYSIA: A private obstetrics and gynecology centre in Johor Bahru and one of its doctors have been ordered to pay RM4.1 million (about S$1.24 million) in compensation after the Johor Bahru High Court found them liable for professional negligence that resulted in a baby being born with brain damage.

The court ruling concluded that the doctor’s delayed decision to perform a caesarean section caused irreversible harm to the infant, who is now 16 years old.

The judgment follows a civil suit filed by the teenager’s mother in 2020 on his behalf.

According to the judgment, the doctor attending to the mother at the centre found that the baby’s umbilical cord was wrapped around his neck as early as 10 a.m. on Sep 28, 2009. However, surgery was not carried out until 7 p.m. that evening, a delay of nine hours.

In her decision, the judge found that the doctor’s inaction constituted professional negligence. The maternity centre was also held vicariously liable for the doctor’s actions.

The baby, who is now a teenager, was born with serious complications in 2009, including poor sucking reflexes, difficulty breathing, and a coma shortly after birth. He was later diagnosed with hypoglycemia, an infection, and ultimately, brain damage.

He was later transferred to a government facility and eventually referred to Kuala Lumpur Hospital, where a paediatric neurologist confirmed the extent of his injuries.

The High Court awarded the teenager RM600,000 (S$180,000) in general damages and RM3.5 million (S$1.06 million) for future rehabilitation needs. His mother received RM80,000 (S$24,269) for emotional distress. The defendants were also ordered to pay RM100,000 (S$30,336) in legal costs.

The maternity centre and the doctor have since filed an appeal against the ruling.