The Alor Star High Court ordered the Malaysian government to pay RM2.73 million to an 8-year-old girl after finding medical negligence during her birth at Sultanah Bahiyah Hospital in Alor Setar in 2017. [1, 2, 3]
The girl was delivered on 2017-05-15 at 03:09 after her mother was admitted the previous day at 07:45 with contractions. Doctors used vacuum assistance with five tractions after foetal distress was detected, and the newborn had critically low Apgar scores and needed immediate resuscitation. [1, 2, 3]
The court said the girl suffered permanent brain damage and was diagnosed with Hypoxic Ischaemic Encephalopathy stage five. Judicial Commissioner Datuk Mohd Aimi Zaini Mohd Azhar said, "Put it simply, she will never recover from her injuries," and added, "She has been, and will remain, wholly dependent upon others for every aspect of her daily existence." [1, 2]
The government admitted liability on 2024-12-11, and claims against doctors and nurses were withdrawn. The court then heard only the damages assessment, with the plaintiff represented by the girl's father. [1, 2, 3]
The girl's side had sought RM18.78 million. The court awarded RM400,000 in general damages, RM200,000 in future general damages, RM238,500 in pre-trial damages, RM314,686.12 in special damages, RM1,389,414 for future care and related expenses, and RM186,159.72 in costs. [2, 3]
Mohd Aimi Zaini issued the grounds of judgment on 2026-05-07 and rejected claims for future medical treatment, consultations, rehabilitation, medication and surgeries, saying the child is entitled to free treatment at government hospitals. He said, "To achieve meaningful improvement, compensation is required to ensure that her carers can provide the necessary care, treatment, and therapies." [1, 2, 3]
