LAW OF TORT

Childbirth Negligence
 Our Team

Nur Batrisyia Nur

Binti Mohd Duratulhannan
Shanyamri Diani Binti Juanidi
(233614) (233641)
Components from the News

Facts about the case

The classification of law involved

The court which heard the case

The parties involved in the case

 Legal News

Childbirth negligence: High court awards mother, four-

year-old girl more than RM8mil. (05 Jul 2023) The Star.
 Case Summary
The High Court of Kuala Lumpur on July 5, 2023, has granted a
mother and her four-year-old daughter more than RM8 million after
the girl's birth at a government hospital resulted in serious and
irreversible brain damage due to medical negligence. According to
Judicial Commissioner Roz Mawar, this was a tragic case in which the
first plaintiff who was born at the government hospital, with severe
and irreversible brain damage. Meanwhile, the second plaintiff, who
was originally scheduled to have an emergency lower segment
caesarean section on March 18, 2019, to give birth to the first plaintiff,
had high-risk obstetric histories.
Facts of the Case
The lady, who had a history of high-risk pregnancies, and her
daughter filed a lawsuit in November 2020 alleging medical
malpractice against the government and eight others,
including medical officers and staff.

On January 28, 2022, the High Court recorded a consent

judgment that confirmed the government's admission of
liability, and the plaintiffs withdrew their lawsuit against the
other defendants without any cost order.

On April 17 2023,Judicial Commissioner Roz Mawar Rozain made

a decision in the grounds of judgement, after the government
confirmed the admission of liability for all of the plaintiff's
claims with damages and costs.
1.
Roz Mawar awarded both plaintiffs
RM209,172 for special damages and
general damages of RM500,000 to
the first plaintiff (the child) and
RM114,000 to the mother.
3.
The court finds that a reasonable
amount because, on average, her
care amounts to RM173,853.90 per
year. The court also ordered
RM215,177.25 for costs.

2.
Both the plaintiffs are awarded
aggravated damages in the sum of
RM350,000. For future general
damages, the first plaintiff is
Consent
awarded a total of RM6,954,156 for
40 years. Judgement
 The Classification of Law Involved
Private Law
Private law governs relationship between
one individual and another in a society.
It includes governing rights and duties of
a person towards each other without
involving the state.
Civil Law
Concerned with disputes between
individuals, organizations, or both wherein
the wrongdoer compensates the affected
one.
Example : negligence, trespass
 The Court
Kuala Lumpur
which Heard High Court
the Case
 The Parties Involved in the Case
Plaintiff 1 Defendants
The Government,
A Four-Year-Old Girl Judicial Commissioner Medical Officers and
Staff
Roz Mawar Rozain

Plaintiff 2 Counsellor

The Girl's Mother Karthi Kanthabalan

 Legal Terminologies

plaintiff defendant consent

judgment
One who A person against
brings a whom a claim is an agreement of the
claim into made. Applied also parties in a lawsuit to
to persons charged a judgment which
court.
with offenses then becomes the
settlement.
 appeal
suit
The transference of a case
from an inferior to a higher
1. Appeal to a superior for tribunal In the hope of
justice.
reversing or modifying the
2. Action in court in
decision of the former. In
pursuance of a right or
general, the right of appeal
claim.
must be given by statute. The
3. Litigation (the process
whole case must be
of taking legal action) in
general. presented on the hearing of
an appeal; It cannot be
conducted in discrete
sections
 References
(2023, July 5). Childbirth negligence: High
court awards mother, four-year-old girl
more than RM8mil. The Star.

Curzon, L. B. (2002). Dictionary of Law (6th

ed.). Pearson Education Limited 2002.

Collin. (2004). Dictionary of Law (4th ed.)

Bloomsbury Publishing Plc.
Question
Time