THE Kuala Lumpur High Court ordered the government to pay more than RM2.28 million in damages to a teenager who suffered permanent brain damage because of medical negligence during his birth at the Kuala Lumpur Hospital (HKL) 15 years ago.
Judicial Commissioner Gan Techiong made the decision after finding the government vicariously liable (liability for damages) for the negligent actions of a young medical officer and former head of the hospital's Obstetrics and Gynaecology Department.
In his judgment, Techiong was heartbroken when describing the plaintiff's condition when he was brought to court during the trial, reported Harian Metro.
The court was informed that the plaintiff, who is categorised as being in the most serious stage of cerebral palsy, is unable to lift his head and will need to be fed through a tube for the rest of his life.
"When the plaintiff was brought to court in a baby stroller during the trial, most of those present, including me as the trial judge, could not help but feel saddened by his condition," he said in the judgment dated May 6.
However, he said, sympathy alone cannot guide the court in making a decision.
Techiong stressed that any compensation amount must be based on legal principles, not emotions, and calculated fairly so as not to burden the taxpayer.