THE Kuala Lumpur High Court ordered the government to pay more than RM2.28 million in damages to a teenager who suffered permanent brain damage because of medical negligence during his birth at the Kuala Lumpur Hospital (HKL) 15 years ago.
Judicial Commissioner Gan Techiong made the decision after finding the government vicariously liable (liability for damages) for the negligent actions of a young medical officer and former head of the hospital's Obstetrics and Gynaecology Department.
In his judgment, Techiong was heartbroken when describing the plaintiff's condition when he was brought to court during the trial, reported Harian Metro.
The court was informed that the plaintiff, who is categorised as being in the most serious stage of cerebral palsy, is unable to lift his head and will need to be fed through a tube for the rest of his life.
"When the plaintiff was brought to court in a baby stroller during the trial, most of those present, including me as the trial judge, could not help but feel saddened by his condition," he said in the judgment dated May 6.
However, he said, sympathy alone cannot guide the court in making a decision.
Techiong stressed that any compensation amount must be based on legal principles, not emotions, and calculated fairly so as not to burden the taxpayer.
"I am sure that both experts also sympathise with the plaintiff. However, with all due respect, we must refrain from being emotional when making a professional assessment of this case.
"I take into account that compensation to the plaintiff must be in line with legal principles and not based on sympathy.
"There is no room for unjust enrichment of the plaintiff by bearing the burden of the taxpayer," he said.
The claim was filed by the plaintiff's mother in January 2023 on behalf of her son who was born on February 11, 2010.
The plaintiff was diagnosed with cerebral palsy after doctors failed to perform emergency surgery within the recommended time frame.
The plaintiff argued that the delay in carrying out the procedure caused him to lose the chance of being born without brain damage, while the defendant stated that the severed uterus made the situation inevitable.
Experts called as witnesses also differed on the plaintiff's life expectancy, with one estimating 44 years while another limited it to 29 years.
The court ruled that the delay caused the plaintiff to lose a reasonable chance of being born without serious complications and stated that medical officers should have acted more quickly given the high-risk pregnancy.
Regarding life expectancy, Techiong set a maximum of 29 years, rejecting the plaintiff's expert's view that estimated 44 years.
He said that medical data showed that the chance of living beyond 29 years was only 26 percent.
"I have to decide that there is no solid basis to support the plaintiff's estimate of a life expectancy beyond 29 years," he said.
The court awarded RM300,000 in general damages, RM458,400 in special damages, RM51,300 in pre-trial damages, and RM1.47 million in future general damages.
Techiong also ordered an interest rate of five percent per annum to be imposed on most of the amounts, but rejected the claim for aggravated damages, taking into account that the plaintiff's family only filed the suit after more than a decade.
Lawyers Karhti Kanthabalan and Abigail Sarah Kumar represented the plaintiffs, while Senior Federal Counsel Masriwani Mahmud represented the government. – September 8, 2025
