The Malaysian government has been ordered to pay RM9.45 million in damages and costs to Thaqif Asyraf Khairol Nizam, a boy who sustained irreversible brain damage at birth due to medical negligence at a government hospital. The ruling, which stands as the highest payout in a medical negligence suit involving a government hospital in Malaysia, was finalized after the government allowed the 30-day deadline to appeal the decision to the Federal Court to lapse on October 25.

According to FMT, the legal team representing the boy, led by lawyers Manmohan Singh Dhillon and Karthi Kanthabalan, confirmed the expiry of the deadline.

On September 25, a three-member Court of Appeal bench chaired by Justice Lee Swee Seng dismissed the governments appeal to reduce the RM7.6 million in damages and costs initially awarded by the Penang High Court. Instead, the bench upheld a cross-appeal by the boys legal team and increased the quantum to RM9.45 million. Justices Azizul Azmi Adnan and Firuz Jaffril were also part of the panel that reviewed the case.

Approximately RM8 million of the awarded sum is allocated for Thaqif's future care, RM735,000 for special damages, and RM400,000 as general damages for pain, suffering, and loss of quality of life.

Thaqif, now 10 years old, was born in 2014 after his mother, Syazwani Drani, was admitted to the Penang General Hospital for irregular uterine contractions at 37 weeks of pregnancy. Three days later, the baby experienced fetal distress, but medical staff delayed delivery. The prolonged delay led to severe hypoxic brain damage caused by insufficient oxygen supply.

Thaqif was placed on a ventilator immediately after birth and discharged home on November 14, 2014. However, his parents were only informed of the severity of his brain injuries six months later.

In 2020, Thaqif's mother filed a lawsuit on his behalf, seeking justice for the medical negligence that caused his condition. In 2022, the government admitted liability, leaving the High Court to determine the amount of compensation.

The judgment from Justice Azizan Arshad emphasized the severity of the delay in medical intervention. The court found that the failure to act promptly during fetal distress directly resulted in the childs condition.

The ruling underscores the responsibility of medical practitioners in government hospitals to maintain the highest standards of care. The decision also highlights the importance of accountability in cases where negligence results in life-altering consequences.

Source: FMT