COURT OF APPEAL PUTRAJAYA
INAS FAIQAH MOHD HELMI – Appellant
Versus
KERAJAAN MALAYSIA & ORS – Respondent
[1] The appellant's appeal concerns the assessment of damages ordered by the High Court at Shah Alam on 16 April 2013, resulting from a claim on medical negligence. The appellant, an infant suing through her father as her next friend, suffered from Quadriplegic Spastic Cerebral Palsy ("QSCP") arising from child birth and treatment at the 1st respondent's hospital. At the date the matter was set for trial at the High Court, liability was agreed between parties and the trial proceeded only on the issue of damages. At the end of the trial the learned High Court Judge awarded a total sum of RM1,193,442.39 as damages together with interest and costs.
[2] The appellant contended that the sum awarded by the learned judge was manifestly low. Dissatisfied with some of the items of damages not taken into account, the appellant lodged this appeal which came before us on 24 February 2014. We have unanimously dismissed the appeal and our reasons are set out below.
[3] For convenience, we produce in extenso the damages as ordered by the learned High Court Judge:
"Ganti rugi khas
Ganti rugi pra-bicara
kos kenderaan
Ganti rugi am
Ganti rugi am masa depan
Faedah
Kos
Principle In Assessing Da
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