The sum awarded is believed to be the highest handed down by a Malaysian court in a medical negligence suit filed involving a government hospital.

The government did not seek leave to appeal the Court of Appeal ruling when the deadline expired on Oct 25, according to lawyer Manmohan Singh Dhillon who, together with Karthi Kanthabalan, represented the boy in the case.

On Sept 25, a three-member bench chaired by Justice Lee Swee Seng dismissed the government’s appeal for a reduction in the sum of RM7.6 million awarded by the Penang High Court in damages and costs, excluding interest.

Instead, the bench allowed the boy’s cross-appeal and increased the quantum to RM9.45 million.

Also on the panel hearing the appeal were Justices Azizul Azmi Adnan and Firuz Jaffril.

About RM8 million was awarded towards the future care of the boy, Thaqif Asyraf Khairol Nizam, now aged 10, with RM735,000 awarded for special damages and RM400,000 as general damages for pain and suffering and loss of amenities of life.

The boy filed the suit through his mother, Syazwani Drani, in 2020.

The government admitted liability two years later, leaving the High Court the task of conducting a hearing to assess the damages payable, which it carried out last year.

The facts of the case revealed that Syazwani was admitted to the Penang General Hospital for irregular uterine contractions on Oct 25, 2014, when she was 37 weeks pregnant.

Three days later, the baby in utero suffered fetal distress but the doctors delayed in delivering the baby.

The plaintiff contended that the excessive delay resulted in the child suffering irreversible hypoxic brain damage, caused by lack of oxygen supply to the brain for a prolonged period.

The infant was placed on a ventilator and was discharged home on Nov 14, 2014.

Justice Azizan Arshad said in his judgment that doctors only informed the parents of the boy’s irreversible brain injuries six months after the birth.