Description
The Federal Cour in Dr Hari Krishnan Anor & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor and another appeal (2018)3 CLJ 427 upheld the RM1 million award in aggravated damages against two medical practitioners and the medical centre in a medical negligence case decided in December 2017. This decision marked Malaysia’s departure from certain other common law jurisdictions which hitherto have been slow to permit claimants in medical negligence cases to avail themselves of the remedy of the aggravated damages. This lecture will discuss the reasons for the Apex’s Court decision and provide and understanding of the applicability and ambit of this remedy.
