WHO  Maternal mortality |Maternal death WHO press release

Kam Agong with her grandson

The Sessions court and the High Court  found that the defendants were 100% liable for medical negligence. 

 

12th May 2009 Written Judgment

 

MALAYSIA

IN THE HIGH COURT IN SABAH AND SARAWAK AT MIRI

CIVIL APPEAL NO 12-12-2008(MR)

 

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Tell me what you think?

http://kam-agong.blogspot.com

 

 

My opinion after reading the judgment:

 

  • Kam Agong delivered her 8th child on the 19th February 2002 and died on 19th March 2002 she left 8 children and a husband. Out of the 8 children 3 were underage children age 14, 11, 10 years old and 1 month old infant.

  • Kam Agong was a mother of 8 children and not 7 children.

  • Pain and suffering damages awarded RM50,000 - how do we quantify pain and suffering. And who's suffering? The pain and the suffering of the victim or the whole family?

Lets talk about pain and sufferings:

 

18th February 2002, approximately seven to eight in the evening Kam Agong had her contraction and her husband took her to the Lawas District Hospital for delivery. She was admitted at 9.45 pm. At about 10.30 Dr Fazilah the fourth defendant produced a form for Mr. Padan Labo to sign. It was consent form for the perform a tubal ligation. However around two in the morning the forth defendant have decided that she (Kam Agong) requires emergency C– Section and waited for the third defendant Dr. Hasimah until 4.30 in the morning.

 

  • Why Kam Agong was made to wait for more than 5 hours? What was her pain and suffering? What was the pain and suffering of the infant in her womb?

  • There was 2 insertion and a upper segment C-Section was done. During the surgery Kam Agong lost more than 2 litters of blood. Her BP drop to 90/50. What was her pain and suffering?

  • C-Section was performed by a GP not a Gynecologist. What was her pain and suffering?

  • The Primary Post Partum Hemorrhage (bleeding) persisted. What was her pain and suffering? 

  • She was discharged without referring to a gynecologist and her condition did not improve. What was her pain and suffering?

  • At the village she continued to bleed and suffer. She had infection on the wound and she did complain that she did not urinate for more than 12 hours on the 8th March 2002 to the Dr. Hasimah but nothing was done. What was her pain and suffering?

  • 14th March 2002 Kam Agong suffered a massive hemorrhage and collapsed she was taken again to Lawas District Hospital. Kam Agong was admitted and without any proper treatment and blood transfusion. What was her pain and suffering?

  • 15th March 2002 she was at the hospital no treatment and she was not referred to a gynecologist. She had to endure this ordeal. What was her pain and suffering? What about the children back at home and her husband not knowing what was wrong with his wife. What was their pain and suffering?

  • 16th March 2002 she was discharged with out blood transfusion, with bulky uterus and infection on her wound. What was her pain and suffering?

  • 19th March 2002 our mother Kam Agong suffered severe bleeding and died in front of the underage children. What was her pain and suffering and her children?

  • What was the pain and suffering of the family for pass 7 years?

The Court awarded RM50,000 for pain and suffering. They have trivialized the pain and suffering of the victim and her family.

 

How do we prove special damages when we have to look after school going children who just lost their mother and an infant who is longing for a mother and requires medical care. A husband and father lost sense of direction. However justice requires us to prove special damages. We lost a special person in our family the whole world knows it and we need to prove special damage. 

 

Next LOSS OF MATERNAL CARE OF MOTHER:

 

Refer to Page 3 RM 500 a month for maternal care and this RM 500 to care for the children whom we have brought to Kuala Lumpur. Will RM500 a month enough for maternal care for 4 children.

 

How do we value a mother's role and love in this country? What can I do I can only accept the High Court judgment because this children are going to college and we need the money for their education.

 

I can only highlight our grievances on this website. Hoping the Government, all the defendants, the Federal Council and the Judges will read this site and have a good night sleep.  

 

When you are dealing with a mother specially from a poor background always think about her family behind her. They need their mother more than a family that have maids and caretakers.

 

As for the Government do not cheat the poor people in Sarawak. You must provide the best health care, education and infrastructure.  Do not neglect us and our family based on our status. We might be poor but we live a honest life.  

 

As for the judges my question is will your judgment be the same for the upper class?

 

 

Tuesday April 5th May 2009.

My weeding anniversary today. I was thinking about my father in law the husband of Kam Agong he a farmer with little education and very gullible but a very strong man. If I were in his position for sure I will not be able to accept death of a person whom I love so dearly.

I just can not bring myself to list what I have spent for more than 7 years. Why you might ask? My reply, we have to recall all the pain that we had endured. Let me try.

Court High Court of Miri awarded   RM 136,888 =

1. Life of our mother Kam Agong.

2. Husband who suffered lost love of his life.

3. Eight children without a mother amongst them 3 were under age and 1 infant.

4. March 19th 2002 MAS from Kuala Lumpur to Kota Kinabalu number of people 4 adults and 2 children. Estimated RM 500 per person (Lawrence, Agnes Padan, Andy Padan, Danny Padan and my two sons).

5. Transport from Kota Kinabalu to Lawas. We arrived at midnight at the Kota Kinabalu international airport.

6. Transport from Lawas to Long Semado by 4 wheel drive took us 4 hours to reach.

7. Funeral expenses.

8. Agnes Padan my wife and my to lovely sons stayed back in Long Semadoh for more than 3 months. I had to return to Kuala Lumpur. Flight for 3 adults (Lawrence, Andy Padan and Danny Padan)

9. I have lost my business and lost of income.

10. Money sent to my wife to care for the family in Long Semado.

11. Almost 3 months I leaved in hell away from my wife and children.

12. Back to Kota Kinabalu via Air Asia, KK to Lawas after 3 months.

13. My children were sick required medical attention and took them to a local private clinic. Stayed in a hotel in Lawas for several days.

15. Transport to Long Semado.

16. Took my wife, my children, Kathy Padan (15 year old) and 3 month old infant from Long Semado to Lawas stayed for a night at a hotel in Lawas.

17. Transport from Lawas to KK and flight via Air Asia from KK to Kuala Lumpur.

18. Transport from KLIA to Home.

19. Tuition for Kathy Padan for PMR.

20. Medical expenditure for Jeremiah Jordan Padan was treated repeatedly for excessive mucosa retention in the lungs. The doctor treated him with high dosages nebulizer and pediatric solution to remove the excessive secretions. Had commented that his condition is continuing because of delayed delivery.

21. Transport from KL to KLIA. Flight KLIA to KK via Air Asia for Kathy Padan and Lawrence. Transport from KK to Lawas. Kathy's PMR examination.

22. Process of transferring Kathy, Samuel and Baru Padan's schools.

23. Stayed in Lawas until the PMR was over. Hotel in Lawas.

24. Transport from Lawas to KK and flight via Air Asia to KL. KLIA to Home.

25. Preparation for the children and my father in law to Kuala Lumpur. Moved from a little apartment to a single story terrace house with 3 rooms on rental RM450 a month.

26. 30th December 2002, Padan Labo, Kathy Padan, Samuel Padan and Baru Padan traveled from Long Semado to Lawas. Stayed with their relations.

27. 31st December 2002, transport from Lawas to KK. From KK to flight via Air Asia to KL. From KLIA to home.

28. School registration fees and uniforms for all children.

29. Failed to receive school books "buku bantuan" despite appeals we were told to purchase our own text books.

30. The rest you can figure it out next seven years what I would have exhaust for all the school going children.

31. Finally cost for the litigation. Legal fee, witnesses from Kuala Lumpur mainly Mr. Padan Labo, Kathy Padan  and my wife Agnes Padan. I was there too with my 2 daughters. But the Session court judge only heard Mr. Padan Labo's statement. Kathy was a key witness and took off from the Nursing College and the judge did not have the time to listen to her statement. Flight, transport and hotel.

32. Postponements and witnesses caused me a lots of money.

33. Legal fee. Twice I went to Lawas to investigate and get first hand knowledge what went wrong in Lawas District Hospital.

34. We were deprived eight years of a normal family life and many more years to come.

How do we quantify damages, for the benefit of the defendants or the plaintiffs?

Do you think RM136,888 justify all the above?

 

Wenesday April 22nd, 2009: 3.10 am

Yes, the High Court of Miri awarded us with RM 136,888 plus interest and cost. The star quoted me "Lawrence yesterday told The Star that the family was relieved that justice had been served." this was not my statement. I said we rather have our mother back. What relieve are we talking about. Relive that we will receive a quantum that actually trivialized Kam Agong's pain and suffering and the ordeal the family had to endure. How do we value mother's life in this country?

Where were the government that we have elected to care for us. Ya! I remember when some VIP's visit Long Semado the village ladies including Kam Agong will welcome them and prepare their meals and perform Lun Bawang traditional dance.

Where did they go during our time of despair. It has been seven years no sign of them. Why do we need to elect these people?

"it's not the magnitude of our actions but the amount of love that is put into them that matters"

mother Teresa

Lawrence Jayaraj

 

Friday April 17, 2009

The Star

Court gives higher award to family

MIRI: The family of a native woman, who died after giving birth in the Lawas Hospital seven years ago, has been awarded RM190,000 in damages and compensation by the High Court.

Judge Datuk Nur Chaya on Wednesday awarded the family of Kam Agong, from the Lun Bawang minority group, RM136,888 with interest of 4% per annum from March 2002 to February 2008 and 8% per anum until full payment plus costs.

Kam Agong, who lived in Ba’Kelalan village about 350km from Miri, died on March 19, 2002, shortly after she gave birth to a son at the hospital, some six hours by timber road from Ba’Kelalan.

Her eldest daughter, Agnes Padan and Agnes’ husband Lawrence Raj, sued the hospital, its doctors and the Government.

They claimed that Kam Agong had died due to massive bleeding and health complications arising from negligence by the hospital staff.

In March 2008, the Sessions Court awarded Agnes Padan and Lawrence RM60,000 after ruling that they had established that the respondents had been negligent.

However, Agnes Padan and Lawrence appealed to the High Court for a larger quantum, arguing that Kam Agong’s death had resulted in serious financial difficulties for her entire family.

Her youngest son, Jeremiah, whom she gave birth to before she died, is now seven years old.

Counsel for the family, Robert Ayu, filed the appeal on behalf of the family at the Miri High Court last year.

Judge Nur Chaya ruled that the appeal for higher quantum of damages had merit and increased the amount.

He also ordered the respondents to pay for the costs of the proceedings.

The judge dismissed a cross-appeal from the respondents who had sought to nullify the verdict.

Lawrence yesterday told The Star that the family was relieved that justice had been served.

“The judge gave a much higher quantum of damages than what we had asked for,” he said, adding that the money would help meet the family’s daily and education needs.

16th April 2009: 4am. I just couldn't sleep thinking what has happen to Kam Agong. The High Court's decision throwing out the respondents cross appeal reiterates the 100% liability and severity of the case. In court one must argues based on precedence or decided cases. But no precedence that can match Kam Agong's case. How do we value life of a mother of eight children? We allow incompetence, ill-equipped and heartless people to touch a mother of 8 children and upon her death they will term it as "Medical Negligence" and allow the family and the children to go through hell. Finally they will award some compensation amounts only a slap on the wrist of the government. Is this the end? There are many unanswered questions. We want the government to be take responsibility. 

1. We want the government to form an INDEPENDENT INQUIRY to investigate what went wrong.

2. We want their findings must be published.

3. We want a road to be constructed from Lawas to Long Semado.

4. We want a proper District Hospital to be constructed.

4. We want the hospital to be well equipped with equipments, qualified staff, doctors and specialist.

5. The Clinic in Long Semado must be upgraded and ambulance services to be provided.

only then justice is done........

15th April 2009: Dear friends I just got a message from my lawyer and he said that "your case proceeded with CRD and the court made its ruling as follows: "your appeal allowed with damages increased to RM 136,888.00 with interest at 4% pa fro 19.03.02 to 13.2.08 and thereafter at 8% pa until payment plus cost. The Respondents cross appeal was dismissed with cost. I'm writing to the court for the written ruling."

 

13th April 2009: I have send an email to our new PM under the www.1malaysia.com.my I have requested him to visit www.kamagong.org and I am still waiting for his reply. "no high hopes.............."

When Kam Agong died she left 4 underage children. Imaging 4 underage children without a mother and they saw their beloved mother bleed to death. They refuse to let their mother to be taken to the cemetery. Seven years have passed they are still waiting for justice. Is your mother more expensive than my mother?

Death of our mother Kam Agong due to medical negligence  Bahasa Malaysia |Lun Bawang|Full Story| lawrence@kamagong.org  

She died of Secondary Postpartum Hemorrhage

9th July 1957 - 19th March 2002

Mazmur 91:1-2 Orang yang duduk dalam lindungan Yang Mahatinggi dan bermalam dalam naungan Yang Mahakuasa akan berkata kepada TUHAN: Tempat perlindunganku dan kubu pertahananku, Allahku, yang kupercayai.  Psalms 91:1-2 Whoever goes to the LORD for safety, whoever remains under the protection of the Almighty, can say to him:  You are my defender and protector. You are my GOD, in you I trust.

Top Stories: Lawless Lawas highlights rural voters’ anger : Christina Dari remaja sakit jantung perlukan bantuan :Manus of Lawas girl desperately need help :

The Fight For Power (Sarawak)      EAST Aljazeera - The Fight For Power (Sarawak) : Dayak Baru

 

Lawyer Robert Ayu from Miri who tried to cheat Kam Agong's family. [coming soon]   

 

DON'T trivialise our mother’s death and our suffering.

1. A punitive damages and justified compensation for the family members. Especially for the 3 underage traumatised children and for Jeremiah Jordan who was only 1 month old when his mother died.

2. We want a proper, good and effective health care system in Lawas District Hospital all the Klinik Desa.

3. We want a proper Lawas District Hospital to be constructed with all the necessary equipments.

4. We want the Lawas District Hospital to have specialists.

5. We want the Lawas District Hospital staff to be properly trained and qualified.

6. We want ambulance services by land or air to all the villages including Long Semadoh and Ba'kelalan

7. We want a mandatory rule in Lawas District Hospital the all cases which are beyond their ability to be referred to a specialist with great urgency. If a GP performing any kind of surgery the patient by default required to be checked by the specialist. Kam Agong's case is a perfect example where the GP did the C-Section and not referred to a Gynecologist despite complications and yet she was not referred to a specialist for 30 days before she lost her life. 

8. We want a complaints bureau to be set up at the hospital.

9. We want the hospital staff to be monitor and to be reprimanded if they have not preformed their duties.

10. We want a public transport system with insurance within Lawas constituency that includes from Lawas to Long Semadoh and all the surrounding villages.

11. We want roads to be built all the way to Long Semadoh and also to Ba'kelalan.

12. We want all schools in Lawas constituency including Long Semadoh and Ba'kelalan to have electricity 24 hours.

13. We want the schools to have a proper hostel for the students and proper monitoring system.

14. We want competent teachers in these schools.

15. We want a Secondary school to be constructed in Long Semadoh.

16. We want the school to have all the facilities equipped and well trained teaching staff.

17. WE DON'T WANT DRUGS AND ILLEGAL ALCOHOLS IN OUR COMMUNITY and anyone who are caught selling drugs and alcoholic beverages to children must severely punished and enforcement must be carried out regularly and effectively.

18. We want the people of Long Semadoh and the Lawas constituency to get jobs with adequate salary.

Transport System from Lawas to Long Semadoh and Ba'Kelalan

1. They are waiting for the transport from Lawas to Long Semadoh and Ba'kelalan. Which will take approximately 3 to 4 hours to Long Semadoh and another 1 to 2 hours from Long Semadoh to Ba'kelalan. They are at the drivers mercy.

2. Goods loaded in to Toyota Hilux. Villages are watching and waiting. Very unsafe means of transport. Everyone and every thing are squeezed into one 4 by 4.

3. No safety features. Here in Kuala Lumpur  the rear seat passengers have to buckle up, but not in Lawas the villages have to endure such a unsafe means of transport.

4. One leg out and one leg in and they pay RM40 to RM60 per person one way. Villages cannot effort to visit their children weekly of even monthly. The Government knows all this and they have not done anything. When the price of fuel reached RM2.70 a litter from RM1.90 they did not think about this poor villages from Long Semadoh and Ba'kelalan. They can not effort to buy groceries for their families it is too expensive. To visit doctors at Lawas District Hospital  is too expensive.

5. That's not all they will have to drive through dust, muddy water and rain and a drunk man amongst them.

6. Poor ladies, not all the time they enjoy the rear seats. Sometimes they squeeze more than 6 people in the rear cabin.

 7. on a good day

8. on an average day

9. on a bad day

 

Huge potential in tourism industry. Places like Long Semado have so much to offer. We only need a simple road to be built from Lawas to Long Semado.

It will spur  :

1. Service industry transport

2. Parents can visit their children more often

3. It will improve agriculture and farming industry

4. Visits to Lawas District Hospital will be easier

5. Ambulance services can be provided

6. Children studying in Lawas can visit their family and help in their paddy fields during holidays

7. It will spur tourism

8. Doctors can visit patients in Long Semado

9. It will be cheaper to construct schools in Long Semado

10. We can organize marathons, mountain biking and hiking events and  more

 

Full Story

Seven years ago on this day:  On 19th March 2002 Mr. Padan Labo and his eight children lost their mother (Kam Agong). She died of  severe bleeding a month after the doctors have performed Caesarean Section (C-Section) at the Lawas District hospital on the 19th March 2002 at the age of 44. 

 

While politicians play money politics, here our mother was miss treated, miss managed, refused treatment and left to die.

 

Kam Agong died during our 4th Prime Minister and it passed through our 5th Prime Minister's tenure and now we have the 6th Prime Minister. Will Kam Agong and her family receive justice under the new leadership?

 

Note we are of the opinion that this is not not mere death due to medical negligence BUT death caused by to refusal to act or by omission.

 

We demand for an Independent Inquiry and investigate everyone who was involved. We want the findings to be published.

Kam Agong could have been alive today but not so due to negligence of the concerned parties. From the beginning since admission in labour, management and monitoring was inappropriate.

i.e.

- the indication of C-Section

- the type of C-Section which is questionable

- intra partum management – with Primary Post Partum Hemorrhage

- post partum management

- finally management of Secondary Post Partum Hemorrhage

Noted by a Gynecologist

Signature on the Consent form for surgery -

we found out during the trial the defence lawyer DPP ask the witness Mr. Padan Labo (the husband of the deceased) weather he signed the form for the operation. The document was shown to him (Case note 26). He answered I have not seen this document before.

DPP asked is that your signature? He replied that is not my signature.

DPP asked, is that the signature of your wife? He replied that is her name but not her signature.

At this time this line of questioning stopped and during the cross examination the form that Mr. Padan Labo signed was the tubal ligation form.

 

 

Few Unanswered Questions:

1. Who signed the operation form?

2. Why it was falsified?

3. What was the motive?

4. Why signature on the BTL form signed only by the husband and not both husband and wife? When did they obtain this permission before labour or during or during the prenatal visits?

5.  Who did the artificial rupture of the membrane?

6. Why there was 2 incisions?

7. Why there was no monitoring of the fetal heart rate (FHR) between 10.30pm to 2am.

8. When the cervix has dilated to 9cm (as indicated) delivery could have been done  through vaginal? Why choose C-Section?

9.  Why delay Em LSCS for more than 3 hours?

10. Why caesarian was only done at 4.15am (no recordings of contraction and FHR since 12.30 on the PARTOGRAPH)?

11. Why there was no indication of what time oxytocin was administed on the (PARTOGRAPH)?

12. Intra operative notes on condition BP 90/50 case note 39. The excessive blood lost during the surgery up to 2 liter what were the remedial measures taken to control blood lost? 

13. Case note 37 only shows the plan post operatively and the earlier portion the page is blank on the operative notes. We want to know whether Dr. Hasimah is competent enough to perform the surgery. Is she credentialed to do so?

14. We want to know the type of caesarian section done?

15. Why PARTOGRAPH and the Labour Chart (case note 33 and 34) only indicate the first hour 10.30pm on the 18th February 2002. We want to know why these two important documents are incomplete?

16. What caused the fetal distress? Even during surgery there was no abnormalities written except for TMSL. But the deceased lost 2 liters of blood?

17. IS THIS NOT COMPLICATION? Why she was not referred to a Gynecologist?

18. The excessive blood lost during the surgery up to 2 liter what were the remedial measures taken to control blood lost? 

19. The excessive blood lost during the surgery up to 2 liter what were the remedial measures taken to control blood lost? 

20. We want to know since Dr. Hashima is not a Gynecologists she had a duty to refer the deceased to a Gynecologists when she encounter problems.  Why this was not done? She had 30 days. 

21. The management was, administration of Syntometrine in the hope that the hemorrhage will subside without further investigation and consultation with a proper Gynecologist: failure to diagnose the cause of the SEC PPH. Why she was not referred to a Gynecologist?

22. Hysterectomy was an option and why it was not referred or considered, when there was a serious complication SEC PPH up to a month. Why this was not considered?

23. 1st March 2002 at the Clinic Kesihatan Long Semadoh the deceased was attended by JM Lily and Tia Tindin. According to them her wound was dirty and there was infection on her wound. The wound was still open and requires dressing and her uterus was bulky. They did not refer her to Lawas hospital. Refer to case note 13 on the Plaintiffs’ Bundle of Documents (PBD). Appointment set on 8th March 2002 according to the records. Why she was not referred to a gynecologist?

24. 8th March 2002 Dr. Hasimah has gone to Long Semadoh to give talk to ladies in the village. On this day the deceased when for her appointment at the Klinik Kesihatan Long Semadoh, where she was checked by the Dr. Hasimah and she was treated for infections on her wound and JM Lily was a witness to it and JM Lily said that “Fundal height was still high”. She also said that Dr. Hashimah told the deceased that her uterus was still bulky because of her age. On what basis and finding is this? JM Lily claims that Dr. Hashimah treated her with antibiotics. There no appointments given.

25. Why she was not referred to a gynecologist?

26. At Lawas Hospital she was received by Dr. Fazilah. The deceased was admitted and they placed a pad on her vaginal to see if she was still bleeding. According to the JM Lily there was very little bleeding but there are no records available to conform this. No records of her BP and HB after admission. The Discharge summary mentioned about ultrasound but no report in the case notes. According to witness there was no blood transfusion but given drips (IV) and blood request was send to the lab. There was no active management to monitor the deceased condition and the cause of her massive hemorrhage. She was merely kept under observation for less then 48 hours. No blood transfusion.

27. Why she was not referred to a gynecologist?

28. 16th March 2002 What attempts made to consult a gynecologist? Who was the person made these attempts and which gynecologist did they consult at the material time? We have requested for her to be transferred to Miri Hospital but there was no reply on the part of the hospital staff.  It is assumption that the condition will resolve and no need for further consultation.

29. Records (on the day of discharge, evidence to show that she has stopped  bleeding, even her vitals was not given, was there any form of treatment administered on the wounds for infections).

30. What was the reason to discharge her in such a hurry without appropriate, adequate assessment and consultation with a gynecologist? She was admitted in the late afternoon on the 14th March 2002 and discharged in the early afternoon on the 16th March 2002. She was only observed less than for 48 hours.

Read the Full story

    World War Medal 1939-45

 

WHO IS Kam Agong?  The daughter of Agong Dawat a Second World War veteran. Agong Dawat was bestowed with medal of honor by UK and Commonwealth Type Campaign medal Eligibility British and Commonwealth forces. Awarded for Campaign service. Campaign Second World War 1939-45. Agong Dawat - died 1995.

 

 

  • Dead woman's family wins bigger damages
    Tony Thien | Apr 16, 09 12:10pm
  • A Lun Bawang family has been awarded double the original damages arising from a medical negligence suit following the death of their mother in the Lawas hospital.MORE
  • Damages up to RM136,888
    Still awaiting answers from gov't

    • Orang Ulu family seeks justice for mother's death    Tony Thien | Mar 13, 09 5:29pm

    A 30-year-old Lun Bawang woman and her West Malaysian husband are appealing in the Miri High Court against the quantum of damages awarded to them arising from a medical negligence suit following the death of her mother after delivery by Caesarean section in the Lawas District Hospital seven years ago.

    Son-in-law shouldering the burden                                     Poor Governance took my father

    Lawas hospital must be upgraded                                       Day a public hospital Killed my mother

    Tengku Razaleigh Hamzah
     

    Today at 14:21 (28th March 2009)

     

    Dear Lawrence,
    I have seen your website.
    My heartfelt condolences go out to you and your family. Government policy, including on healthcare, finally hits home in the details of individual lives such as those of your family. I am so sorry the system has let you down.

    For this reason I will not stop fighting for a better day when we shall have restored compassion and justice to this country. Please be strong, and please convey my condolences to all your family.

    Tengku Razaleigh Hamzah

    No reaction from the Federal Government, the State Government from Minister of Health and the MP of Lawas P222 Y.B. Tuan Henry Sum Agong. Nobody took any initiative to contact us. Three school going children and 1 infant. Their father goes to work leaving the underage children at home with no one to care. Who is going to cook and educate these children. Government careless if these children went to school or not.   The government chose not offer help or assistance despite knowing that a family of 8 lost their mother in a such a terrible circumstances. Do we all need to be rich and famous or affiliated with some prominent politicians or political party before we get any attention?

    IN THE SESSIONS COURT AT MIRI

    IN THE STATE OF SARAWAK, MALAYSIA

    SUMMONS NO. 53-8-2004 (MR)

    what he is saying is that the government servant are getting increment but they don't have any income. Rice is the only means of income. Gas has gone up from RM18 to RM22 to RM 28. The transport from Lawas to Long Semadoh one way went up from RM20 to RM25 to RM30 and now to RM40. If we can't effort to travel even when our children are sick we will have to stay in the village. The logging company cuts our tree but only to give each family  RM100 per year only maximum of 25 families in a village. Jobs are given to Indonesians and Filipinos because they cheap labor.    

    Listen Frank Padan from Long Semadoh.

     The 12th of March the poor people of Lawas hit by floods did not get any help or from the Government as they were promised. They do not know if they are going to get any help at all.

     

    Dear friends, just want to let you know that I have updated www.kamagong.org, help us please to bring about justice. We are also lobbing for a better healthcare and well equipped and professionally trained hospital staff, school and education system, for a public transport, for job opportunities with appropriate remuneration, for proper schools with effective teaching staff and for proper hostel.

    Generations after generations the communities in Lawas predominantly the Lun Bawang people have been neglected and they have accepted everything as fated. I hear them praying for a better life for a better future. But it has been 10 years, nothing has changed.

     The children I have met in Long Semadoh are children of GOD we say. But when they go for their Secondary Education in Lawas where they have to stay in the hostel, they are not monitored and no guidance from their parents. Most of them will probably meet their family members once a year. So they go through adolescent couple with culture shock and freedom. During this adolescent period they are tempted to try every thing from not going to school, drugs, alcohol, smoking, clubbing at night. These are the only problems that I know but there could be a lot more that we don’t know.

    If one ought to ask from a villager how many children from their village have been accepted in to the University or regarded as professionals for the pass 15 years. They probably say no more than 2 or 3. But how many of our children had visited the police station and the prison they will smile and say “oh ramai”.

    Children have been neglected, by parents who cannot effort to travel from Long Semadoh to Lawas and by a careless government where failed to provide affordable public transport system. Parents are trying hard; they work very hard in their farms and paddy fields and some construction work, hopping that their children will be better than them but the system and Government have failed them.

    This would have happen to my sister in law.

    Before her mother’s death she was in Lawas, SMK Trusan Secondary School. She was faced with similar problems, she hardly went to school. When her mother died she was merely 14 years old, left with 3 younger siblings, 11 year old, 8 year old and 30 days old infant. Their relatives and the villages expected her to stay in the village looking after her siblings.

    My wife and I decided to bring the whole family to Kuala Lumpur and educate them. If we decided not to bring them, they would have wasted their lives, would have become liability to the country and wasted human resource.    

    We send her for tuition so that she can at least marginally pass her PMR examination. We took her back to Lawas, she set for her PMR examination. We transferred her school to SMK Perimbun Cheras which was the closest Secondary school. She got the worst class in the whole school for form 4, continued to be in the same class for form 5. We pushed her to study and helped her which ever way we could, it was difficult. But she managed to get 6 credits for her SPM, subjects that she managed to score credits; English, Maths, Sains, Bahasa Melayu, Seni and Pendidikan Moral. Not bad for a girl who did not go to school in form 2 and form 3.

    She applied for a diploma in nursing and Colombia Asia sponsored her with RM50, 000. She is in her final semester, finishing her diploma at the Pantai Nursing College. A job is waiting for her immediately after her diploma. The other 3 siblings are following her footstep. Now for these children their cause of life has changed. They will no longer be a liability to the society but a useful human resource and good citizens.

    There are many hopeful families and children from Long Semadoh and Lawas waiting for a miracle. We know they need help. We have to only help and educate one generation and we will be able to change fate of the whole community.

    After the Lawas floods, my brother in law Mr. Jonny Agong Padan the eldest son of Kam Agong who was effected by the flooding received no help from anyone or any government agencies. His whole house was all most submerged underwater. He has 2 school going children and 2 little girls age 5 and 3 years old. The 2 children were not going to school properly. To make matters worst their mother left the whole family and went with someone else.

    We have again embraced this whole family and brought them to Kuala Lumpur and got the school going children registered at the SK Taman Cuepacs Cheras and trying to educate them and hoping to secure a job for their father. We single-handedly brought positive changes into these children’s lives.  

    We want these sorts of positive changes for all the poor children of Lawas Long Semadoh and every child in this beloved country.

    If we can built the Twin Tower we can built a brighter future for our children.

    Words of Alexander Solzhenitsyn, the well-known Russian novelist and Nobel Prize laureate (1970):

    "Justice is conscience, not a personal conscience but the conscience of the whole of humanity. Those who clearly recognize the voice of their own conscience usually recognize also the voice of justice."

     

    RULING

    GROUNDS OF DECISION

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    Our mother Kam Agong, mother of 8 children has suffered so much for 30days before she died. The court only  awarded our family with RM50,000 for her pain and suffering. Life is cheap in Sarawak specially life of mother of 8 children. Doctors can experiment on our mothers and claim it to be medical negligence and get away with it. We the children and the family members will have to accept a judgment from a judge who have no idea what we had gone through and what we have lost.

    We have filed an appeal against the quantum in the High Court Sabah and Sarawak at Miri Civil Appeal No. 12-04-2008 (MR) Agnes Padan and anor - Appellants vs. Dr Jaya Purany and 6 ors - Respondents.

    4th March 2009 hearing at High Court of Miri @ 9am

    On 15th January 2009 I was informed by my lawyer that the "case is fixed for hearing on the 4th March 2009 at 9am. On 3rd March 2009 I took a flight to Miri  checked in to a hotel.  On the 4th of March 2009 I was informed by my lawyer that "just been inform your case is postponed as Dt Nurchaya is away in KK". My flight back to Kuala Lumpur was in the evening on the 5th of March  2009.

    We are very angry. We have incurred expenses which we could have been used for our children. All Kam Agong's children are with us in Kuala Lumpur including my father in-law couple with our own children. It has been 7 years. Ever since the death of our mother Kam Agong, Agnes Padan and I  looked after the whole family.  We exhausted all that we have to provide for our family and educate all Kam Agong’s children, which the Government neglected and failed to provide. One must ask what would have happen to these children if we were not there.

    They know that Kam Agong's family are from Long Semadoh and they are poor family. Mr. Padan Labo the husband of late Kam Agong is working ad hock basis as laborer in Kuala Lumpur.

    When I came to Miri hoping a justice we got completely the opposite. Now even the Judiciary not showing any mercy. They are taking a short at us as well. Let see what's going to happen next.........

    The case is fixed as follows:

    6th April 2009 - Both parties to file and serve written Submission.

    CRD 15th April 2009 at 9am

    They will victimize the poor, innocent and ignorant.

    They failed to monitor her and neglected her. They performed Cesarean with complications but failed to consult a Gynecologist. They discharged her in a hurry. Her condition deteriorated and they blamed it on her age. They knew something was gravely wrong with her and urgently discharged her for the second time. They sent her back to Long Semado hoping that she will die without notice.

    Immediately after her death, came the medical officers removed medical documents and medications from our home. They told our family members that it was not their doing and that it was fated.

    They thought that this family incapable of bringing legal action or understand what went wrong. And if the family brings legal action they can prolong it, discourage the family or out of court settlement  would be an option. They knew predicament of the Lun Bawang community from Long Semado.

    One must ask why the doctors refused to refer her condition to a Gynecologist. Is it to protect their livelihood? Could it be, if mistakes were identified it could be detrimental to their career advancement in the medical profession. Could these be the reason why they refused to safe her life?

    She was basically killed to cover their dreadful mistakes.

    To all those who have contributed directly and indirectly to her death and suffering only GOD can forgive you.

    please..... to comment visit http://kam-agong.blogspot.com

    We were traumatized when they lost of our beloved wife and a mother 7 years ago. We decided to bring legal action against  Dr. Jaya Purany, Dr. Lalitha, Dr. Hasimah Bt Basri, Dr. Fazilah Bt Azali, Jururawat Masyarakat Klinik Kesihatan Ibu dan Kanak-Kanak Long Semadoh Lawas, Pengarah Hospital Daerah Lawas Sarawak and the Government of Malaysia. We have not received any respond from the Police if they have carried out any investigation or their findings.

     

    Help us to forward www.kamagong.org to all your friends.

    Hospital / Clinic / Doctors / Nurses notes

    Defendant Case Notes:    1    2    3    4    5    6    7    8    9    10   11    12  13  14    15    16    17    18    19    20    21    22 23    24    25    26   27    28    29    30    31     33    34    35    36    37    38    39    40    41    42 43    44    45    46    47    48    49    50   51    52    53    54    55    56    57 

    Plaintiff Case Notes:  1    2    3    4    5    6    7    8    9    10    11    12    13    14    15    16    17    18    19    20    21    22

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      This is what is all worth after 8 years and now a hotel is being built and not a HOSPITAL

    We want a Lawas District Hospital not a Hotel...!!

    Damages :

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