GEORGE TOWN: A High Court has overturned a lower court’s decision which found a gynaecologist liable for negligence during the delivery of a factory worker’s baby which had left the child permanently disabled.

Justice John Louis O’Hara allowed the appeal by Dr Quah Thong Sai of the Lam Wah Ee Hospital against the Sessions Court decision on Nov 18 last year.

Dr Quah had appealed against the lower court’s finding of liability and the quantum of damages of RM72,000 awarded to S. Manonmoney, 46, who brought the suit on behalf of her son A. Selvha, now 10.

O’Hara also dismissed her cross-appeal on the quantum of damages awarded to her.

He said Manonmoney had failed to prove the claim for negligence on the balance of probability.

The judge also said the burden of proof laid on her to prove negligence and to show that Dr Quah had acted contrary to a responsible, competent practitioner.

He also said Manonmoney had relied on medical texts and did not call any expert witness.

O’Hara said Dr Quah was deprived of the chance to call his expert witness during the trial.

Dr Quah was represented by J.J. Chan while Manonmoney was represented by R. Subramaniam.

The Sessions Court had found Dr Quah negligent of causing the injury to Selvha.

Manonmoney had named the hospital’s public officer Datuk Ong Gim Huat as the first defendant and Dr Quah as the second defendant.

In her statement of claim, Manonmoney had said her son had been delivered by “external manipulation” and, or by the use of forceps which had caused injuries, pain and agony to her baby at about 9.50pm on Dec 31, 2000.

She alleged that as a result of the vacuum extraction, Selvha is now deformed in the left arm as the force exerted on the baby’s head and neck during delivery had stretched the plexus.

She also said he is unable to use his left upper limb permanently and that he would not be able to find employment in the future.

Manonmoney had sought RM50,584.25 in special damages, general damages, interest, costs and other relief deemed fit by the court in her claim.

In their statement of defence, Ong and Dr Quah said that prior to Selvha’s delivery, Dr Quah had made the necessary assessment and there had been no indication that a normal delivery was not safe or that a caesarian section should be performed.

Dr Quah had also testified that he advised Manonmoney to deliver her second baby by vacuum extraction due to poor maternal effort in pushing the baby out.

Source: http://thestar.com.my/metro/story.asp?file...51716&sec=north

Dear parents, i know that this not applied to all doctor but for safety sake.. look for a trusted doctor with loads of experience.. I'm sure no one in here want their baby end up like this.. even the price of 72k is not worth that your love one.. so parents think twice on finding a good gynaecologist

+1

sorry about it did they pay u any damage on ur son side?