Aggravated damages in Medical Negligence
Article source from: Genevieve Vanniasingham
Aggravated damages are normally awarded to compensate for the injury to the feelings, pride or dignity of the plaintiff. They are compensatory in nature, unlike exemplary damages which are punitive.
In Kralj v McGrath [1986] 1 All ER 54, it was held that aggravated damages should not be awarded in medical negligence claims - if the manner in which treatment was provided increased the Plaintiff's pain and suffering, this should be reflected in a higher award under PSLA.
Hello, following the Federal Court in Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor and another appeal [2018] 3 CLJ 427, the Malaysian Courts have awarded substantial aggravated damages in several medical negligence claims. Some of the most common aggravating factors are:
- delay in admitting liability
- shifting of blame to patient/family members
- suppression/tampering with medical records
Below is a non-exhaustive list of cases where aggravated damages have been awarded:
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