Damage In Medical Claim
Damages refer to monetary compensation sought in a liability claim to address the harms experienced by the claimant or plaintiff.
Damage denotes the loss or injury to a person or property. While there may be various damage items or events, they should not be collectively termed as “Damages.”
According to Section 6(1)(a) of the Limitation Act, a negligence lawsuit must be initiated within a period of six years from either the date of the negligent act or six years after the injury occurred. This six-year time frame applies specifically to cases involving private hospitals or doctors practicing privately. Once this period elapses, individuals are generally prohibited from pursuing such claims.
In contrast, individuals seeking to sue public healthcare professionals are governed by the Public Authorities Act 1948. This legislation sets a shorter limitation period of three years from either the date of negligence or the date of injury for actions against government hospitals and public servants.
Types Of Damages In Medical Negligence Claims
a. Special Damages
Expenses accrued prior to the filing of the claim necessitate a certain level of precision in quantification and require the patient to substantiate, to a reasonable extent, the expenditure through documentation such as bills and receipts.
b. Pre-Trial Damages
Generally, an extension of Special Damages, these are costs that arise from the time the claim is filed until the judgment is rendered. They are typically quantifiable with a reasonable degree of precision, encompassing various expenses that can be directly attributed to the legal proceedings and their duration, such as legal fees, court costs, and other related expenditures.
c. General Damages
Given without precise measurement, these damages are granted based on evidence and established legal precedents, encompassing aspects such as pain and suffering, loss of quality of life, and the monetary value of care provided to the patient without charge.
d. Future General Damages
These damages, which cannot be precisely determined, are typically granted based on presented evidence and legal precedents, with courts often relying on expert testimony to make informed decisions.
e. Aggravated Damages
Compensatory damages are awarded when the plaintiff suffers intangible harm to their interests or personality, which is either caused or worsened by the defendant’s extraordinary actions.
The extent of liability is contingent upon the circumstances of the case and the behavior of the tortfeasors subsequent to the negligent events, encompassing actions that exacerbate the suffering endured by the patient or their family members.
In the case of Pantai Medical Centre Sdn Bhd v Fareed Reezal bin Arund (suing through his wife and litigation representative Wan Zafura bt Wan Kassim) and another appeal [2022] 4 MLJ 529.
In 2015, at the age of 44, Fareed suffered brain damage due to negligent treatment received at a private hospital, leading to a High Court decision awarding approximately RM 7 million in damages, including RM 30,000 per month for loss of income, while the Court of Appeal generally upheld these awards.
Malaysia