Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Medical expenses at private hospital
  • 22 Sept 2022

    1. ) YUGENTREAN A/L SURESH 2. ) SATHISWARY A/P ANANTHARAJA 1. ) CHIN WAI LOON 2. ) TANG SZE KUEN

    Citation
    JA-A53KJ-337-05/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-A53KJ-337-05/2021 (Mahkamah Sesyen)

    The court accepted the defendants' more recent orthopaedic report as more probative and found the plaintiff sustained minimal permanent impairment; awards were made in line with Compendium 2018 and established principles on private hospital expenses and proof of special damages. Accordingly general damages were awarded for the ankle fracture, abrasions and scars; special damages were allowed where proven and reasonable (physiotherapy, transport, visitation, one-third of private hospital bill, two-thirds of 6 months lost earnings); claims for loss of future earnings, loss of earning capacity a…

    • Negligence
    • Assessment of damages
    • General damages
    • Special damages
    • Loss of earnings
    • Medical expenses at private hospital