Malaysia Case Law: Decisions & Judgments

Topic

Future medical expenses

Legal area

Court

10 Apr 2026

1. ) ZULKARNIN BIN HUSSEIN 2. ) YAP CONTRACTOR 1. ) MD RASIDI BIN GAZALI 2. ) NUR AFIKA BINTI AZMAN

Citation

JA-12B-81-11/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-81-11/2025 (Mahkamah Tinggi)

Appellate court set aside awards for future cervical surgery and both past and future loss of earnings because the Sessions Court failed to consider more recent, contradictory expert medical evidence and the plaintiffs failed strict proof for employment and earnings; awards for pre-trial and post-trial care were upheld because comprehensive neuropsychiatric, neurosurgical evidence and GOSE classification supported ongoing care needs; interest on future awards to run from date of Sessions Court judgment.
14 Jan 2026

1. ) MUHAMMAD NUR SYARIMAN BIN MOHD RIDUAN 2. ) RIZZ IVAN MIKHAIL BIN MOHD RASHID seorang budak mendakwa melalui wakil litigasi (bapa) MOHD RASHID BIN JOHARI 1. ) SITI AISYAH HUMAIRA BINTI SYAHRUL APANDI 2. ) ABD RASHID BIN MYDIN

Citation

KE-A73KJ-87-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KE-A73KJ-87-12/2023 (Mahkamah Majistret)

On the balance of probabilities the first defendant was primarily negligent for failing to give right of way when turning in breach of Rule 3(2)(b); liability apportioned 80% to first defendant (with second defendant vicariously liable as owner) and 20% contributory negligence to plaintiff first; the passenger (infant) is innocent and entitled to full recovery; future surgery was not sufficiently certain to be awarded as special damages but its likelihood was taken into account in general damages; damages and interest awarded accordingly.
18 Sept 2025

1. ) NUR ALIA BINTI MOHAMAD 2. ) XXXX ZAILANI BIN MOHD NASIR

Citation

DA-A53KJ-794-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-794-08/2024 (Mahkamah Sesyen)

The appeal is dismissed; the trial court's quantification of damages is affirmed because the awards are supported by medical reports, the Revised Compendium and recent persuasive authorities; the defendant's aggregation and public-hospital-only arguments were rejected and the court awarded reasonable private medical and future care costs as pleaded and evidenced.
4 Sept 2025

1. ) LIM JUN WU 2. ) YEOH HOCK KOON 1. ) TINAH BINTI OSMAN 2. ) NORFAIZAH BINTI KARIM

Citation

JA-12B-10-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-10-04/2024 (Mahkamah Tinggi)

The High Court held the Session Court Judge did not act on wrong principles nor misapprehend facts and therefore the quantum awards were not manifestly excessive; awards for osteoarthritis, multiple pelvic fractures and right acetabulum, cost of care (RM537,913.90) and future medical expenses were reasonable and supported by expert evidence and legal authorities; appeal dismissed and costs awarded to respondents.
30 Apr 2025

ZAHARUDIN BIN MUHAMMAD NOR 1. ) MUHAMMAD ANAS BIN YAAKOB 2. ) MUHAMMAD ARIF BIN YAAKOB

Citation

CA-A53KJ-136-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-136-06/2023 (Mahkamah Sesyen)

On the balance of probabilities the court accepted specific documentary evidence and credible oral evidence for many claimed special items and accepted aspects of the plaintiff's expert opinion on early post-traumatic osteoarthritis and future needs. Items unsupported by evidence were disallowed. The court awarded specific amounts for proven special damages and assessed general damages by reference to medical evidence, prior authorities and the Revised Compendium of Personal Injury Awards 2018. The court apportioned liability as previously agreed (10% plaintiff, 90% defendant 2) and ordered i…
24 Feb 2025

1. ) XXXX 2. ) MUHAMMAD RAIF RUKDUDIN BIN ABDULLAH 3. ) SAPIAN BIN IDRIS 1. ) SARAVANAN A/L PONNUSAMY 2. ) GANESAN A/L PONNUSAMY

Citation

NB-A53KJ-110-04/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NB-A53KJ-110-04/2024 (Mahkamah Sesyen)

Court applied compendium ranges and relevant precedents, accepted defendants' mitigation argument regarding future treatment costs and absence of neuro referral, awarded specified heads for each plaintiff within compendium ranges and reduced private future costs to one third where public treatment available; ordered interest on general and special damages and costs according to scale.
20 Dec 2024

KESAVAN A/L KOPALA KRISHNAN (Mendakwa melalui ibu dan sahabat wakilnya Batmah a/p Thangaveloo) 1. ) SARASWATHY A/P KANDASAMY 2. ) VIKNESH A/L ARIVANANDAR

Citation

BA-12B-15-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-15-02/2023 (Mahkamah Tinggi)

Appeal allowed in part: substituted award for future surgeries to RM12,666.67 (to correct mathematical/exclusion error), awarded RM15,000 for pain from future surgeries, awarded RM50,000 for loss of earning capacity, allowed RM3,300 travel costs and RM10,833.70 UMMC medical bills; Sessions Court assessments on remaining items were affirmed where no error of principle or manifest inadequacy was shown; no order as to costs.
3 Nov 2024

KUNG SIEW PENG 1. ) ESVARAN A/L SIVAGURU 2. ) SIVAGURU A/L MUNIANDY

Citation

JA-12B-21-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-21-06/2022 (Mahkamah Tinggi)

Court upheld the trial judge's quantum awards as fair and justified based on medical reports, compendium guidance and credible employer evidence; accepted that fractures, scarring and muscle wasting were distinct compensable injuries; confirmed loss of earnings and loss of earning capacity calculations using section 28 Civil Law Act methodology and multiplier, allowed modest physiotherapy award and future surgery/pain award based on treating surgeon's advice; dismissed appeal and maintained trial judgment.
23 Sept 2024

SOON FOO BOON MOHAMAD SAKIRAN BIN AWANG

Citation

JA-A53KJ-525-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-525-08/2023 (Mahkamah Sesyen)

Court admitted employer documents under s73A(2) Evidence Act as P5/P6 and accepted plaintiff's employment and income evidence; rejected claim for osteoarthritis causation as pre-existing on x-ray evidence; assessed damages on 100% basis and awarded RM28,000 for closed tibia/fibula injury, RM5,000 for multiple abrasions, RM5,000 for scarring, RM1,500 for soft tissue ankle swelling, RM3,000 (one-third of RM9,000) for future implant removal and RM5,000 for future pain and suffering relating to that surgery; awarded loss of earnings RM52,255 for seven months and loss of earning capacity RM20,000;…
10 Sept 2024

XXXX WAN MOHD HAWARIY BIN WAN YUSOF

Citation

DA-12B-4-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-4-02/2024 (Mahkamah Tinggi)

Appeal allowed in part: the High Court found no demonstrable misdirection or perverse assessment by the trial judge except in relation to the orthosis item. The trial judge’s overall quantum awards were supported by evidence and applicable compendium guidance and were therefore upheld. The orthosis award was varied to accept the plaintiffs' orthotist quotation for a custom right insole (RM2,600 per unit) across expected lifetime (59 years), producing RM153,400; all other awards were affirmed.