1. ) ZUASNITA BINTI BAHARUDIN 2. ) Hishamuddin Bin Shaharum (Kedua-duanya Mendakwa Sebagai Ibu Sah Dan Ayah Sah Dan Orang Tanggungan Sah Bagi Hiejjaz Fadzlie Bin Hishamuddin (My Kid No. 170616-08-0451) Seorang Kanak-kanak (“Simati”) v 1. ) DR. JOVAN FOO LOKE HON 2. ) DR. ZAILANI BIN ABDUL SHARIFF 3. ) DR. AZIZAH BINTI ASMAR 4. ) DR. TOO JUN KIN 5. ) DR. JEYASEELAN P. NACHIAPPAN 6. ) DR. KAVETHA A/P RAMALINGAM 7. ) DR. CHUA BEE SIM 8. ) DR. NG SU YUEN 9. ) DR. KHOO KIM KEA 10. ) DR. RAMNEETA K...

Case Significance

Illustrates an assessment-only medical-negligence hearing after an admission of liability: the court works through special, general and aggravated damages, allowing proved out-of-pocket losses in full and fixing a substantial sum for the pain and suffering caused by negligent delay.

This High Court decision at Ipoh concerns the assessment of damages in a medical-negligence claim brought by the parents of a child who died after a failure to diagnose and treat respiratory distress at a public hospital. The defendants had admitted liability, so the trial was confined to the quantum of damages payable for the negligent care that led to the child's death. Because the plaintiffs are natural persons suing as the parents and lawful dependants of the deceased child, this analysis refers to them by role and does not name the child; the Government is named as the institutional defendant.

With liability conceded, the court's task was to assess the various heads of damage arising from the child's prolonged distress before death caused by inadequate medical care and delayed intervention. On special damages — the out-of-pocket losses, including fees for a specialist opinion, court appearances and funeral expenses — the court found the claims supported by evidence and allowed the full amount of RM22,180. On general damages for the pain and suffering endured by the deceased through the period of prolonged distress attributable to the inadequate care, the court awarded RM300,000. The plaintiffs also sought aggravated damages, founded on what was said to be exceptional negligence, including a failure to escalate care and a delayed transfer.

The court awarded interest at 5% per annum on the total judgment sum, including costs, from the date of judgment until full payment, and dealt with the allocator. The judgment is a useful illustration of an assessment-only medical-negligence hearing where liability has been admitted: the court works methodically through special, general and aggravated damages, allowing proved out-of-pocket losses in full, fixing a substantial sum for the pain and suffering caused by the negligent delay, and considering enhanced damages where the conduct is found to have been exceptionally poor.