Hello My son tragically died at a nursery on 26th June 13. The baby was 6 months old and did not have any health related problem when we sent him to the nursery. A post mortem was conducted and the report by General Hospital Kuala Lumpur determined the cause of death as "Chest Infection". We took this information to our baby's doctor and other medically competent friends, who advise us that child could not have died suddenly by having chest infections. We believe the below issues at Taska Matrade (nursery) contributed to death of my son Ahil Malik Mohamed. 1. Emergency Procedures at The Taska a. From the talk of baby sitter we learned that they were not watching the baby all the time and potential early warning of the incident missed due to this. b. No first aid provided to the baby despite noticing baby was not breathing – Patriacia saw the baby sitters panicking and holding the baby on her arms. c. No emergency call was made for an ambulance and baby on very critical condition was transported to General Hospital KL by a passers-by car. d. No senior person at the Taska to provide guidance to baby sitters 2. No operator or manager present at the Taska a. Patricia went to Taska around 11.am and wanted to see the operator or manager in charge – and their reply no one is around 3. Postmortem report a. After the postmortem the doctor informed us the cause of death of the baby was “chest infections” b. We discussed with baby Doctor Nasir from Ampang Puteri and other medical expert colleagues raised doubts about chest infections could cause sudden death. 4. Pengurus Pn Siti was reported an incident of the prior week and promised me that they will rectify the issues. (my correspondences in a separate email) Appreciate your advise. Malik
Below is an email communication between the manager of the nursery and my wife Tanty :
Date: Sun, 23 Jun 2013 09:15:23 +0800 From: email@example.com Subject: Re: Ahil's Pics To: firstname.lastname@example.org
Dear Puan Tanti,
Thank you so much for your understanding. Actually temporary the new staffing giving me a hard time. Its really hard to find local caregiver as their demand are very high and working with these children is very tiring therefore can sometimes causing them not to commit to the job long.
Therefore sometimes it takes time to replace the staff.
I am happy you told and confronted me about this issue rather than talking behind the back.
This was the first and really hope this incident wont happen again.
From: tanty deraman <email@example.com> To: shella zainal <firstname.lastname@example.org> Cc: "email@example.com" <firstname.lastname@example.org> Sent: Saturday, 22 June 2013 8:10 AM Subject: RE: Ahil's Pics
Thank you for your quick response. Maafkan saya kerana menganggu tugasan puan seharian. Saya telah dan sentiasa meletak kepercayaan penuh kepada puan dan pengasuh puan untuk menjaga anak saya dengan baik.
Last Monday when I took him about 4.30 in the afternoon he was sobbing. His checks were all blushing (left and right). When I asked Azie about that, she told me that Ahil was crying when he just woke up and saw nobody was there as she went outside the room for a while. I, that time, was worried and afraid if Ahil had a breathing difficulties because of his stomach sleeping. Since Ahil loves to sleep with his face down he needs someone to look after him as I am afraid of the SIDS. The bruise I saw only on Thursday after bathing him around 6 p.m. Then I believed than the bruise must be related to the Monday's incident and had caused him sobbed that day.
Azie is a very loving person and I am glad that she is the one who takes care of Ahil. I never doubt in her capability of handling kids. I had informed her about the bruise yesterday and she had expressed her regret. She also promised to take an extra care of Ahil next time.
The only favor I ask is to inform me should anything happen to the child whether big or small.
Semoga perkara ini tidak akan berulang lagi di masa hadapan. Moga ini menjadi panduan dan membuatkan kita lebih sayangkan Ahil and other kids as they deserved.
Let us together cherish these little angels from heaven with full of love and compassion.
Date: Fri, 21 Jun 2013 17:00:32 +0800 From: email@example.com Subject: Re: Ahil's Pics To: firstname.lastname@example.org
Puan, saya minta maaf bagi pihak pengasuh saya. Setahu saya Azie adalah pekerja paling lama disini dan belum ada lagi complaint tentang dia. Even saya pernah menjaga baby dengan dia dulu beberapa minggu, dan bagi saya dia xda masalah.
Sepatutnya memang dia menjaga Ahil dan baby2 lain di bilik baru baby di hadapan. Mungkin baby sikit sangat minggu ni, dia boring jadi dia shifted to the old room where bigger babys are. Most probablyy that is where Ahil got it i think.
Ive already confronted her, and she told me that she has already apologizes to u i believed.
Anything you may direct to me or at task with my supervisor Noni.
Truly sorry for what had happened to Ahil, will try the best to make this thing wont happen again.
Hug & Kisses to the little one.
From: tanty deraman <email@example.com> To: "firstname.lastname@example.org" <email@example.com> Cc: "firstname.lastname@example.org" <email@example.com> Sent: Friday, 21 June 2013 2:14 PM Subject: Ahil's Pics
I have attached the pictures of my son.
Thank you for your concern.
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I see this two fold. 1) Initial findings of the post mortem. which says cause of death as "chest infections" 2) Negligence of the day care center
Let me provide little more details here.
1) Post mortem finding of chest infection whether correct or not, baby's doctor and other medical expert friends advise me cannot cause immediate death without showing any symptoms.
2) Negligence of the day care center - as you can see in the detail we already had an incident of negligence accepted by day care during the prior week which they accepted and promised to rectify. According to the day care center they fed him around 9.00 am and the baby slept and around 11.00am+ they noticed baby having breathing difficulties (have an SMS from day care center supporting this) despite knowing this at around 11-11.15am they 1) did not call an ambulance 2) there was an bystander (Patricia) who saw them holding the baby panicking and not knowing what to do. 3) Did not seem to have conducted any first aid procedures 4) the bystander took the baby with babysitter to the hospital around 12.10+ (per the bystander). The baby was declared dead at 12.15 pm My point is that the they could have saved the baby had they done a proper emergency rescue procedure which from the by stander, SMS, babysitters accounts did not perform.
Based on the above do i have a case?
FYI This particular Day Care Center is associated to governmental organization with high profile government personnel who were present at the hospital and potential power to influence (not too uncommon here in Malaysia).
I need to get second opinion on the post mortem finding. The detail report is expected in 2 month time.
Few things if you could provide guidance to me
1) what would be the general process of engaging an attorney
2) do you have any local attorney that you could recommend
3) do i get the attorney to talk get the medical review through the court
I wish pursue this case to find truth and justice for my son.
Please do not publish this in your website. Please confirm.
Expert did not satisfactory address all the points raised in the case. But thanks for his input. I have gotten better advise.
I am sorry that I got emotional to Paul, this is nothing specific Paul and guess it is my state of mind these days.
Of course, I will challenge through expert medical advise how a baby can get killed suddenly from chest infection.
I was expecting some weighing in of the communication between my wife and nursery manager the prior week and an independent witness who happens to be at the nursery at the time of this ordeal on the procedures.
And what about the witness at the scene. what kind of legal weight does she bring to the case?
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