Malaysian parents whose son died from tuberculosis while in remand have been awarded RM490,000 in damages after the Shah Alam High Court found prison staff and doctors had been negligent in their duty of care.
The deceased, R Anilraj, a car park attendant, had been held in remand at Sungai Buloh Prison since 11 April 2018, following a drug possession charge.
On 18 December that year, he was found dead in his cell by another inmate, as reported by FMT.
His parents, R Uthaya Sundari and R Ravichandran, filed a negligence suit in 2021, naming senior officers, prison wardens, three doctors from the Sungai Buloh prison clinic, and the government as defendants.
Justice Khadijah Idris ruled that the parents had successfully proven their case on a balance of probabilities. She stated that the prison officials had breached their statutory duties under the Prisons Act 1995 and its related regulations. The judge also held the doctors on duty at the clinic liable for negligence.
Claims of misdiagnosis and inadequate medical attention
According to the facts of the case, Anilraj had been in good health and free of tuberculosis before his remand. In July, he complained of being unwell and received medical attention.
By late October, he developed a fever and a persistent cough. He returned to the prison clinic and was seen by the three doctors named in the suit. However, the parents claimed the doctors had misdiagnosed him with a stomach bug and an upper respiratory tract infection, overlooking pulmonary tuberculosis as a possible cause.
He was later found unresponsive in his cell and was attended to by one of the defendants, who declared him dead in the early hours of the morning. A post-mortem dated 1 June 2020 revealed that he had died of tuberculosis, which was already at an advanced stage.
The parents also stated that no inquest was conducted despite their plea.
Breakdown of damages and court proceedings
Justice Khadijah awarded RM100,000 for pain and suffering, RM300,000 for aggravated damages, RM20,000 for special damages, RM60,000 for loss of support, and RM10,000 for bereavement.
She also ordered the defendants to pay RM150,000 in costs, holding the government vicariously liable for the negligence of its staff and doctors.
Among the six witnesses who testified for the plaintiffs was Dr S Leelawathy, a public health specialist and lecturer at a private university. The government called eight witnesses in its defence, including a respiratory physician.
The parents were represented by lawyer P.A. Sharon, while senior federal counsel Siti Syakimah Ibrahim appeared for the government.
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