In medical negligence cases, adherence to the standard of care is crucial, and when negligence leads to severe injuries, the injured party is entitled to significant damages for pain and suffering, along with special and aggravated damages.

Preliminary

[1] The plaintiff, at the time of the trial, was a bright young man age 23 years old. Currently, he is pursuing a law degree to become a lawyer. Sadly, compliments cannot adequately convey his physical health and well-being.

[2] The whole episode of bringing a new life into the world should be celebrated as a lifetime joy for a mother and her family. Unfortunately, for the family before me, it resulted in a never- ending series of hospital visits not only for the child, but also for the parents. The plaintiff suffers a permanent disability as a result of a mishap during delivery.

[3] Thus, whether the defendants were responsible for the alleged injuries sustained during birth is a life issue before me.

The Case's Facts: An Overview

[4] The plaintiff was given birth on 14 January 2001 to a couple by the name of Mr Ram Krishen ("father") and Madam Kiran Bala d/o Milkhi Ram ("mother"). During her pregnancy, the mother received prenatal care from the doctors at Hospital Kuala Lumpur.

[5] The 1st defendant is the Government of Malaysia. The rest of the defendants, 30 in total, were doctors in the employment of the first defendant.

[6] The plaintiff complains that he suffered catastrophic injuries at birth in Hospital Kuala Lumpur. It is his case that he has since been diagnosed with hemiplegic Cerebral Palsy with hemidystonia resulting in poor function of his right upper and lower limbs due to dystonic movements, mild dysarthria of speech, pes planus with shortening of the right leg, impairments in gait, left knee injury as a result of overuse of the left leg, and habitual shoulder dislocation.

[7] As a result of those injuries, he can be summarised as having a poor gait and balance. Gait and balance issues can cause unsteadiness and difficulty standing and walking. It is his case that his current disabilities are permanent and will very likely deteriorate as he ages. The main issue that he attempts to convey to this court is that his severe and permanent injuries were eminently avoidable but for the negligence of the first defendant's medical practitioners.

[8] Thus, in this present action, the plaintiff is alleging that the 2nd to the 31st defendants had failed to exercise reasonable care and diligence in the management of pregnancy and treatment of the plaintiffs mother during the plaintiffs birth.

[9] As a result, it has been alleged by the plaintiff that the 1st defendant would be vicariously liable for the 2nd to the 31st defendants' action in performing their public and/or professional duties.

[10] Meanwhile, the defendants acknowledges that the plaintiff was diagnosed with Perinatal Asphyxia and Right Hemiparesis. It is their case that the plaintiff was born term at Hospital Kuala Lumpur at 39 weeks 6 days period of amenorrhea via emergency lower segment caesarean section ("LSCS/caesarean section"). This was due to cord prolapse. The plaintiff was intubated for one day before extubated and transferred to Special Care of Neonates, Hospital Kuala Lumpur. The plaintiff was discharged to his mother on day 3 of life.

Issues To Be Tried

[11] There were six issues to be tried presented to this court. They are as follows:

(a) Whether the defendants and each of them were negligent and/or in breach of their respective contractual, statutory and/or other duties in the treatment and management of the plaintiffs mother?

(b) Whether at all material times the 1st defendant had acted in accordance with the standard of care expected of a provider of healthcare services?

(c) Whether at all material times the 2nd to 31st defendants had acted in accordance w