JUDGMENT

Moses Susayan JC:

Introduction

[1] This is a claim by the plaintiffs against the defendants for damages arising out of medical negligence at Hospital Raja Permaisuri Bainun, Ipoh, which led to the death of the deceased child, Hiejjaz Fadzlie Bin 30 Hishamuddin, on 21 May 2018. The plaintiffs seek general damages, special damages, aggravated damages, vindicatory and exemplary damages.

Background facts

[2] The deceased, an 11-month-old child, was taken to the hospital on 5 April 2018 with symptoms of fever, cough, and difficulty breathing. Despite clear signs of respiratory distress, there were delays in medical intervention. The treatment administered was inadequate and lacked proper escalation to a specialist facility. The child suffered for over a month with multiple complications before succumbing to septic shock and 40 passed away on 21 May 2018.

[3] The defendants have admitted liability in this matter, and the current proceedings concern only on assessment of damages.

[4] I will address the assessment of damages in the following sequence:

a) Special damages;

b) General damages;

c) Aggravated damages

d) Exemplary damages; and

e) Interest and Costs.

Special Damages

[5] The principles