1. ) Bukit Tinggi Hospital Sdn Bhd 2. ) Dr Prashanth Nambiar a/l Padmanabhan v 1. ) Navin Sharma a/l Karam Chand 2. ) Saroop Rampal a/p Hardyal Rampal

Case Significance

A worked appellate recalibration of medical-negligence quantum, reducing pain-and-suffering damages, setting aside an unproven dependency claim and a RM700,000 aggravated-damages award, and varying costs and interest.

This Court of Appeal decision concerns cross-appeals on the quantum of damages in a medical-negligence claim brought by the administrators of a deceased patient's estate against the appellant hospital, Bukit Tinggi Hospital Sdn Bhd, and the treating doctor. The claim arose from the patient's death after a period of pain, and the High Court had made a series of awards under distinct heads which both sides appealed. The Court of Appeal reviewed each contested item in turn. On pain and suffering and loss of amenities, it allowed the defendants' appeal and reduced the award from RM100,000 to RM50,000, reflecting the limited period over which the patient had suffered. On the dependency claim (loss of support), it allowed the defendants' appeal and set aside the award of RM176,280, there being no sufficient proof of loss of dependency. On aggravated damages, which raised a pleading question whether an estate can sue for aggravated damages and how far events after death may be taken into account, the court allowed the defendants' appeal and set aside the substantial award of RM700,000. On trial costs, it allowed the plaintiffs' appeal, setting aside the RM10,000 awarded below and substituting trial costs of RM75,000. On the rate of interest, it allowed the defendants' appeal and varied the rate from 8% to 5% per annum, calculated from the date of service of the writ to the date of judgment. Certain other items were dismissed or withdrawn, and the earlier award for a particular item was maintained. Because both appeals were heard together, the court directed a single order and made no order as to costs of the appeals. The judgment is a useful worked example of appellate recalibration of a medical-negligence quantum, particularly on the limits of aggravated damages claimed by an estate and the proof required for a dependency claim.