PANTAI MEDICAL CENTRE SDN BHD [No. Pendaftaran Perniagaan: 73056-D] FAREED REEZAL BIN ARUND (mnedakwa melalui isteri dan wakil litigasinya, Wan Zafura binti Wan Kassim)

PANTAI MEDICAL CENTRE SDN BHD [No. Pendaftaran Perniagaan: 73056-D] FAREED REEZAL BIN ARUND (mnedakwa melalui isteri dan wakil litigasinya, Wan Zafura binti Wan Kassim)

Court accepted Graf as relevant medical literature and fixed the Plaintiff's life expectancy at 16 years (taking Graf median), held the High Court's additional 15% deduction was plain error because contingencies were already factored into the chosen estimate, applied section 28A(2)(d)(ii) Civil Law Act 1956 to fix the multiplier for future loss of earnings at 5.5 years, confirmed RM30,000 per month nominal loss of earnings and confirmed and adjusted multiple heads of damages in accordance with a 16-year life expectancy; awarded trial and appeal costs as stated.

Citation
W-02(NCvC)(W)-566-04/2020 (Mahkamah Rayuan)
Parties
Appellant (appeal 566); Respondent (appeal 572): Pantai Medical Centre Sdn Bhd; Respondent (appeal 566); Appellant (appeal 572); Plaintiff (high Court): Fareed Reezal bin Arund; Defendant (high Court): Dr A Damodaran; Defendant (high Court): Dr N Arunachalam; Defendant (high Court): Dr Venugopal Balchand; Defendant (high Court): Dr Sivakamasundari Ampikalpakan
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
2 September 2021
Case Number
W-02(NCvC)(W)-566-04/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Medical Negligence (quantum) / Court of Appeal Judgment on Quantum (grounds of Judgment)
Outcome
Appeals partly allowed in part and dismissed in part. Court adjusted quantum: fixed life expectancy at 16 years; set multiplier for future earnings at 5.5 years; confirmed and varied multiple heads of damages per judgment; awarded costs.
Legal Topics
Life Expectancy Assessment, Multiplier for Future Loss, Contingency Deductions, Loss of Earnings, Special Damages, Cost and Value of Care, Proof of Earnings, Costs
Source Language
Malay/English
Medical Negligence Personal Injury Damages Civil Procedure Evidence Life Expectancy Assessment Multiplier for Future Loss Contingency Deductions +5 more

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Parties

Pantai Medical Centre Sdn Bhd

Appellant (appeal 566); Respondent (appeal 572)

Fareed Reezal bin Arund

Respondent (appeal 566); Appellant (appeal 572); Plaintiff (high Court)

Dr A Damodaran

Defendant (high Court)

Dr N Arunachalam

Defendant (high Court)

Dr Venugopal Balchand

Defendant (high Court)

Dr Sivakamasundari Ampikalpakan

Defendant (high Court)

Procedural Posture

Civil Appeal Medical Negligence (quantum) / Court of Appeal Judgment on Quantum (grounds of Judgment)

Legal Issues

  1. 1 Appropriate life expectancy for a patient in Persistent Vegetative State (PVS)
  2. 2 Admissibility and relevance of Graf and Zasler medical studies
  3. 3 Whether a further judicial deduction (15%) for contingencies is permissible after choosing a conservative life expectancy

Ratio Decidendi

Court accepted Graf as relevant medical literature and fixed the Plaintiff's life expectancy at 16 years (taking Graf median), held the High Court's additional 15% deduction was plain error because contingencies were already factored into the chosen estimate, applied section 28A(2)(d)(ii) Civil Law Act 1956 to fix the multiplier for future loss of earnings at 5.5 years, confirmed RM30,000 per month nominal loss of earnings and confirmed and adjusted multiple heads of damages in accordance with a 16-year life expectancy; awarded trial and appeal costs as stated.

Court Disposition

Appeals partly allowed in part and dismissed in part. Court adjusted quantum: fixed life expectancy at 16 years; set multiplier for future earnings at 5.5 years; confirmed and varied multiple heads of damages per judgment; awarded costs.

Orders

  • Set aside High Court’s 15% contingency deduction; life expectancy fixed at 16 years
  • Apply multiplier of 5.5 years for future loss of earnings under s.28A(2)(d)(ii) Civil Law Act 1956