A Lun Bawang family in Lawas, Sarawak has been awarded a little more than double the original damages of a total of RM60,000 arising from a medical negligence suit following the death of a woman after delivery by caesarean section in Lawas district hospital seven years ago.

The deceased woman's daughter Agnes Padang, 30, and her West Malaysian tourist guide husband Lawrence Jayaraj, 40, had earlier appealed for a higher quantum of damages, among other things.

Yesterday, the Miri High Court allowed the appeal with the damages increased to RM136,888 against the respondents - the hospital and certain medical officers - with interest at 4 percent and thereafter at 8 percent until payment with cost.

kam agong family 130309 kam agong The couple's lawyer Robert Anyu informed his clients that the respondents cross appeal was dismissed with cost and that he was writing to the court for the written ruling.

They filed the medical negligence suit claiming damages for pain and suffering, loss of income and bereavement for the family soon after Kam Agong ( left ), then 44, gave birth in the Lawas hospital to her eighth child.

She died about a month later despite being medically treated from bleeding after the caesarean birth.

After the trial, Miri Sessions Court judge Azhahari Kamal found the respondents 100 percent liable and awarded general damages of RM50,000 plus RM10,000 for bereavement but disallowed claims for loss of income.

Not satisfied with the quantum, the family decided to appeal against it.

Many questions unanswered

Commenting on the High Court decision, Lawrence told Malaysiakini : "We can never be happy with any amount. They can take all the money and give our mother Kam Agong back … but there are still many questions we want the government to answer."

He added: "They are only paying back what I have spent in the last seven years."

Malaysiakini reported the case last month after the couple wanted it highlighted following their disappointment with the original damages given by court.

kam agong family 130309 family Lawrence told Malaysiakini that "since the death of our mother, Agnes and I have been looking after the whole family," adding that "we have exhausted all we have to provide for the family and to educate all of Kam Agong's children whom the government neglected and failed to provide."

Following the death of his mother-in-law, all her eight children, including his wife, have been placed under his care living in a rented house in Cheras, Kuala Lumpur.

The late Kam Agong's husband, Padan Labo, is also in Kuala Lumpur working as an odd-job labourer.

The family also called for a proper and effective healthcare system in Lawas district hospital and all community clinics in the district to ensure that what had befallen Kam Agong would not happen again.

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