Parties to a lawsuit over an alleged medical negligence that left a newborn with permanent mental disability reached a consent judgment on their dispute yesterday.

Under the terms of the settlement, the two defendants are to each pay the plaintiffs RM1.5 million (totalling RM3 million), but without any admission of liability.

The amount is less that half of what the plaintiffs had originally sought.

The first defendant, Hospital Pakar An-Nur Hasanah, is also to pay RM300,000 in costs for itself and the second defendant, Dr Khamsiah Muda, according to the plaintiff’s counsel Jason Gomez.

The consent judgment was recorded in the High Court in Shah Alam by judge Rosnaini Saub.

The plaintiffs are the parents of the child, Mohamad Arif Rhaman and Masayu Ramli, and their underaged child.

In their previous court filings, the plaintiffs alleged that Masayu was admitted to the private hospital in Bandar Baru Bangi after going into labour on Aug 23, 2008.

However, she suffered complications during labour, and the hospital supposedly failed ensure a safe delivery, or facilitate a timely transfer to the better-equipped Kajang Hospital.

Following this, the child was diagnosed as having brain damage by Kajang Hospital, and that this was caused by a lack of oxygen (Stage III hypoxic ischemic encephalopathy), as well as pressure sores to the head caused by the second defendant’s attempts to facilitate delivery with a pair of forceps.

Mohamad Arif and Masayu had originally claimed RM45,228.08 in special damages plus interest, RM6.55 million in future special damages, and general damages as assessed by the court.

Speaking to Malaysiakini when contacted last night, Gomez said the plaintiffs believed that they would be able to seek higher damages through the court system, but the process is lengthy and they needed the money to support the child now.

“If you look at the child (now eight years old), the child can’t walk, can’t talk, is always drooling, can’t eat on its own… The child is totally dependent.

“That’s why the settlement came. If we had fought, it would have gone higher, but you know….

“By the time you file the case, by the time you get the judgment, by the time the court delivers and all that, presuming that there is no appeal, this might go on for three years.

“The parents needed immediate financial assistance. So they agreed to settle,” Gomez said.