PUTRAJAYA: The Court of Appeal today increased a three-year-old girl's compensation to RM6.1 million after she was left crippled owing to medical malpractice during labour.
A three-member bench chaired by Datuk Nanipah Farikullah made the ruling after allowing the girl's father to appeal and increase the initial amount of RM5.6 million set by the High Court last year.
Other members of the bench were Datuk See Mee Chun and Datuk Wong Khian Keong.
The court in its broad grounds of judgment said the girl sustained a spinal cord injury at birth on May 12, 2020, and is paralysed from the neck downwards.
"She has a tracheostomy and is ventilator dependent. She is completely dependent on her caregivers for her activities of daily living and is in bed and wheelchair bound.
"This will be her condition for the rest of her life," the court said.
The breakdown as of below:
Pain and suffering – RM400,000.
Aggravated damages – RM80,000.
Cost of mobile electric hoist – RM24,000.
Cost of agency fee, immigration fee, accommodation and utilities for the maid – RM171,600.
Cost of nursing care – RM4,599,000.
Cost of a disabled-friendly home – RM660,000.
Cost to purchase a modified MPV transport patient in a wheelchair – RM150,000.
The court said the plaintiff was conscious and aware of her surroundings and will have to endure pain and suffering for the rest of her life.
The girl who was born on May 12, 2020, via a Caesarean section, suffered a spinal cord injury leaving her as a tetraplegic and paralysed from neck downwards.
She is currently dependent on a ventilator and has a tracheostomy attached to her.
The girl, through her parents, sued the government and 18 medical officers attached to the government hospital over the incident.
However, on July 26, 2022, the government admitted liability after which the plaintiff withdrew all claims against other respondents.
On July 5, last year, judge Datuk Akhtar Tahir in his judgment said no amount of money could lessen the pain and suffering of the plaintiff.
He said the court must give sufficient compensation to cover the plaintiff for the rest of her life.
It was learnt that the hospital in its internal inquiry revealed that the medical officer who was involved in this incident had no experience to perform the surgery.
The surgery was also done without supervision by any obstetrician and gynecologist.