The girl, born on May 12, 2020, by Caesarean section, suffered spinal cord injuries due to complications in the surgery, which left her paralysed from the neck down.

A three-member bench – chaired by Justice Hanipah Farikullah alongside Justices See Mee Chun and Wong Kheng Keong – also dismissed the government’s appeal to reduce the original RM5.6 million awarded by the High Court last year.

The RM3 million increase is mainly to adapt the girl’s home and transport to suit her needs.

Justice See, who delivered the oral judgment, said the High Court judge’s decision to cap damages at RM5.6 million was not supported by evidence provided by experts from the government (defendant) or the plaintiff.

The bench also awarded the girl RM50,000 in costs.

According to the facts of the case, Selayang Hospital conducted an internal inquiry into the incident shortly after the birth.

The inquiry found that the medical officer on duty had no experience in performing the surgery and that it was carried out without supervision by an obstetrician or a gynaecologist.

The girl’s father filed a suit in 2021, naming the government and the doctors involved, claiming they were negligent and failed to act in her best interests.

The suit against the doctors was withdrawn after the government admitted liability and the court proceeded to assess the value of compensation.

In his ruling, High Court Justice Akhtar Tahir said that “no amount of money can lessen the (girl’s) pain and suffering”.

“The court is of the view that the damages awarded must compensate as best as possible for the additional expenses, which will be incurred by the caregivers in caring for the plaintiff with the disabilities suffered,” he added.

The judge also said he had considered evidence from doctors, who testified that the toddler was likely to live up to the age of 23, based on her condition.

“In this era of technological advancement, the chance of a longer life expectancy is to be expected,” Akhtar said.

The court ruled the girl was entitled to be sufficiently compensated for the rest of her life.

Lawyers Manmohan Singh Dhillon, Karthi Kanthabalan and Aaika Zulaikha Mohd Yusop appeared for the girl, while senior federal counsel Masriwani Mahmud represented the government.