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.
However, 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:
