Justice Leong Wai Hong made the order as the trial took 33 days and involved three rounds of submissions by the parties.
He said the two defendants, a consultant neonatologist and consultant paediatrician at Prince Court Medical Centre, and four expert doctors attended the proceedings and were subjected to searching cross-examination on a difficult medical issue.
“For 33 days of trial, I think the costs of RM350,000 each to the specialist doctors and another RM300,000 to Prince Court Hospital are fair and reasonable,” he said in his judgment.
Leong acknowledged that this was an unfortunate case for the plaintiff and his parents.
“The court can only sympathise but has to decide based on the testimonies of the medical experts and the other witnesses,” he added.
The plaintiff, a boy, is one of two twins born prematurely on April 2, 2016 at the medical centre. The mother sued the three defendants in her capacity as the infant’s litigation representative.
The other twin , a girl, did not develop septic arthritis.
As a premature baby, the boy was placed in a closed incubator from April 2 to April 15, 2016 to minimise his exposure to infection. For the first two weeks, the infant was clinically stable.
However, on day 13, he became irritable, cried excessively and showed reduced movement of one arm.
The suit was filed on April 1, 2022 against the two specialists and the hospital on the allegation that the premature baby had contracted septic arthritis, a painful infection in a joint.
Leong, in his judgment, said the plaintiff had failed to prove an alleged delay in the diagnosis of septic arthritis, as admitted by its expert witness, a paediatrician, during cross-examination.
The judge said he also rejected the testimony of a consultant orthopaedic surgeon whose evidence was outside his area of expertise.
Leong decided the doctors and hospital were not negligent because the expert evidence and clinical records showed appropriate and timely care. The judge said the plaintiff had failed to prove any breach of standard or causation.
He said the plaintiff, being a premature infant, had a higher risk of infection due to his immature immune system.