The suit was filed in 2022 through the girl’s father against 10 doctors, a nurse, Sultanah Bahiyah Hospital, and the government for being vicariously liable.

Judicial commissioner Aimi Zaini Azhar said it was undisputed that the girl’s condition was permanent and irreversible, and that she would never recover from her injuries.

“She has been, and will remain, wholly dependent on others for all aspects of daily living. Nevertheless, some improvement in her functional abilities and overall condition remains possible with the proper care, treatment, and therapy,” he said in his 75-page judgment.

The claims include, among others, matters relating to her life expectancy and her future care and treatment needs.

Proceedings two years ago were on quantum only, with witnesses from both sides giving evidence.

The total award of RM2,548,850.12 includes RM1,389,414 for future damages, RM314,686.12 in special damages, RM400,000 in general damages, RM200,000 in future general damages, RM150,000 in costs, and RM36,159.72 in expenses.

The court ordered the compensation to be placed in a trust managed jointly by the girl’s parents.

“Proper accounts shall be kept of the maintenance and expenditure of the money,” he said.

Lawyers Manmohan Singh Dhillon, Desmond Mun, and Alicia Chin represented the plaintiff, while senior federal counsel Siti Asmath Che Man appeared for the government.

Both parties have filed an appeal on quantum.

According to the facts of the case, the girl’s mother was admitted to the hospital on May 13, 2017, due to contractions and was transferred to the labour room when they intensified.

On May 15, a vaginal examination showed the cervix dilated to 5cm, and artificial rupture of membranes was performed, with clear fluid observed.

Delivery was attempted by vacuum-assisted birth, and three vacuum tractions by a medical officer achieved only minimal descent of the foetal head.

The girl was eventually delivered at 3.09am after two further tractions by another medical officer.

She suffered hypoxic ischaemic encephalopathy Stage V, resulting in severe and irreversible brain injury.