Court affirms RM580,000 damages to woman injured during childbirth

 Although the events were grave, the High Court says increasing the damages risks awarding double compensation.

The Johor Bahru High Court has ordered the government, Sultan Aminah Hospital, its director and 4 doctors to pay RM300,000, RM250,000 and RM30,380 in general, aggravated and special damages respectively. (File pic)

PETALING JAYA:

 The High Court in Johor Bahru has upheld an award of over RM580,000 in damages to a woman who sued for medical negligence over complications arising during childbirth at a government hospital in May 2017.

The woman, Nirwana Tamba — an Indonesian national married to a Malaysian — suffered serious injuries at the delivery of her newborn daughter, Tabita anak Nelson, who died four days later.

Nirwana had filed her suit in the sessions court seven years ago, naming the government, the Sultanah Aminah Hospital, its director and four doctors as defendants.

On May 31, 2023, the trial court awarded her RM300,000 in general damages for pain and suffering and loss of amenities, RM250,000 in aggravated damages, and RM30,380 as special damages.

The government appealed to the High Court against liability and quantum, while Nirwana cross-appealed for a higher amount of damages.

Both parties have now turned to the Court of Appeal.

In his judgment, Justice Noor Hisham Ismail acknowledged as trite law that damages serve as compensation, not reward, let alone a punishment.

He said that in assessing damages, the court should not be motivated by sympathy but must award fair compensation based on cogent evidence.

Relying on legal precedent, Noor Hisham found that the award of RM300,000 for general damages fell within the range awarded in comparable authorities.

Although the events were grave, he said increasing the award to reflect the full extent of the tragedy would risk double compensation.

The judge said the sum of RM250,000 awarded as aggravated damages had already addressed the defendants’ conduct and the indignity the plaintiff suffered.

He said enhancing general damages on the same factual basis would compensate the plaintiff twice for the same elements.

Nor Hisham said the trial judge did not fall into error in awarding damages after finding the defendants liable.

The facts of the case revealed that Nirwana was admitted in May 2017 for a planned normal delivery of her third child.

Within 12 hours of admission, the baby suffered brain damage due to severe oxygen deprivation. Nirvana’s uterus, bladder and vagina were badly torn, and the situation escalated into an emergency Caesarean section.

She also suffered a serious injury to her left arm in the operating theatre.

The baby passed away four days later.

In her statement of claim, Nirwana said she had suffered significant physical injuries and profound psychological trauma due to the event.

The trial judge found the government and the treating defendants negligent in both antenatal and labour management.

Lawyers R Jayabalan and Christopher Tan appeared for Nirvana, while federal counsel Zahilah Yusof, Suhana Sabil and Nur Najihah Hamidi represented the government. - FMT