By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
If you are pursuing a medical negligence claim in Malaysia, it's essential to understand the types of damages you may seek. These damages are compensatory, intended to cover the losses and suffering incurred due to the medical malpractice. In general, damages are categorized into three types:
Special Damages
General Damages
Aggravated Damages
Special Damages in Medical Negligence Cases
Special damages refer to monetary losses that can be precisely quantified. These may include medical expenses, costs of medical equipment, rehabilitation, supplements, specialized nutrition, travel expenses, traditional treatments, counseling, or even the cost of hiring a caregiver.
Case Examples for Special Damages:
In Nur Arissa Naura Noor Affrizal & Anor v Dr. Abirami Kunaseelan & Ors [2023] 5 CLJ 793, the Court awarded compensation for items such as special equipment, therapies, counseling, personal care products, and ongoing costs for specialized nutrition and supplements.
For cases where receipts or invoices are unavailable, the Court may accept oral testimony if the expenses are justifiable and reasonable (Nur Syarafina bt Sa’ari v Kerajaan Malaysia & Ors [2019] 12 MLJ 41).
Pecuniary losses incurred from the date of negligence until the case's conclusion are also claimable, as established in Nurul Husna Muhammad Hafiz & Anor v. Kerajaan Malaysia & Ors [2015] 1 CLJ 825.
General Damages in Medical Negligence Cases
Unlike special damages, general damages compensate for losses that are non-monetary and cannot be precisely calculated. These damages include:
Pain and suffering (physical and psychological).
Loss of amenities of life (e.g., loss of bodily functions or prospects).
Loss of earning capacity.
Gratuitous care provided by family members.
Future medical expenses for ongoing treatment, therapies, and equipment.
Case Examples for General Damages:
Sheela Christina Nair v Regency Specialist Hospital Sdn Bhd & Ors [2016] MLJU 1899: RM240,000 was awarded for pain, emotional distress, and loss of amenities following surgical negligence.
Pantai Medical Centre Sdn Bhd v Fareed Reezal Arund [2022] 2 CLJ 173: RM400,000 was awarded to a plaintiff in a persistent vegetative state due to a brain injury.
Nur Arissa Naura Noor Affrizal & Anor v Dr. Abirami Kunaseelan & Ors [2023] 5 CLJ 793: RM500,000 was awarded for a child's pain, suffering, and future life expectancy of 40 years.
Airis Nurhana Bt Alfian v Darul Aiman Sdn Bhd & Anor [2023] MLJU 214: The Court recognized future expenses, including surgeries and therapies.
Yusnita Bt Johari v Dr. Jerilee Mariam Khong & Ors [2023] 9 MLJ 629: A total of RM3,348,889.60 was awarded for severe brain damage, including future expenses.
Norfazlin Bt Zamani v Kerajaan Malaysia & Ors [2022] MLJU 3696: RM260,000 was awarded for the loss of reproductive organs and associated suffering.
Aggravated Damages In Medical Negligence Cases
Aggravated damages are additional compensations awarded for exceptional or offensive conduct by the defendant, such as deliberate misconduct or suppression of medical reports.
Case Examples for Aggravated Damages:
Hari Krishnan & Anor v Megat Noor Ishak Bin Megat Ibrahim [2018] 3 MLJ 281: RM1 million was awarded after negligence caused blindness in the plaintiff's eye.
Other cases (Ahmad Radhiq Arbee v Kerajaan Malaysia & Ors [2020] 10 MLJ 459) highlight scenarios where defendants altered medical records or refused to admit liability, leading to prolonged litigation.
Seeking Legal Advice for Medical Negligence Claims in Malaysia
The amount awarded by the Court in medical negligence claims depends on the specific facts of the case and the quality of evidence provided. To ensure your case is credible, seek expert medical opinions and prompt legal advice from a medical negligence lawyer in Malaysia.
Whether you are filing for medical malpractice compensation or seeking guidance on medical negligence legal advice, consulting professionals experienced in medical malpractice litigation in Malaysia is critical to a successful claim.
Contact us for a free consultation via WhatsApp (+60143000960) or E-mail (admin2@luibhullar.com) for any queries
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