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Aggravated damages awards for medical negligence: a need to strengthen medical professionalism

Introduction: Aggravated Damages are awarded by the courts to compensate for injuries to feelings affecting pride and dignity, humiliation as well as mental distress. In Malaysia, this form of damages has been common in cases of assault, false imprisonment, defamation and malicious prosecution. Howe...

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Main Authors: Jahn Kassim, Puteri Nemie, Rosli, Muhammad Noor Firdaus
Format: Conference or Workshop Item
Language:English
English
English
English
Published: 2021
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/90110/1/Abstract-Template-PNEMIE-FIRDAUS%20World-Congress-2021.pdf
http://irep.iium.edu.my/90110/2/Abstract%20Book%203WCII.pdf
http://irep.iium.edu.my/90110/3/PARALLEL-SESSION-ORAL-POSTER-PRESENTATION-SCHEDULE-WCII-ICT4M-2021.pdf
http://irep.iium.edu.my/90110/4/%23215Poster%20Aggravated.pdf
http://irep.iium.edu.my/90110/
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spelling my.iium.irep.901102021-07-30T04:50:10Z http://irep.iium.edu.my/90110/ Aggravated damages awards for medical negligence: a need to strengthen medical professionalism Jahn Kassim, Puteri Nemie Rosli, Muhammad Noor Firdaus K Law (General) Introduction: Aggravated Damages are awarded by the courts to compensate for injuries to feelings affecting pride and dignity, humiliation as well as mental distress. In Malaysia, this form of damages has been common in cases of assault, false imprisonment, defamation and malicious prosecution. However, the Federal Court in the case of Dr Hari Krishnan v Megat Noor Ishak [2018] 3 MLJ 281 has allowed Aggravated Damages to be awarded in medical negligence claims as the court held that such injuries are real injuries affecting a person’s body. Method: This research will employ the Qualitative research method namely, Content Analysis. Results: The award of Aggravated Damages has presently become a common trend in medical negligence claims in Malaysia. The aggravating factors that have led to the award include: (i) insolent behaviour of the medical practitioner towards the patient and family members causing distress and anxiety; (ii) negative conduct displayed throughout the trial; (iii) failure to follow hospital guidelines; (iv) inaccurate information and dishonesty in documentation; (v) suppression of the patient’s medical records. Such development in the law on medical negligence is worrying and can be viewed as diminishing the core values of medical professionalism in upholding integrity, compassion, altruism; continuous improvement, and excellence in providing care to the patients. Conclusion: Although the working environment may be more hectic and stressful, the medical profession needs to rethink and strengthen the set of values, behaviours as well as relationships that serve as the foundation of public trust in the profession. In all eventualities, medical professionalism should continuously be upheld, preserved, and thrive regardless of the challenging times. 2021-06 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/90110/1/Abstract-Template-PNEMIE-FIRDAUS%20World-Congress-2021.pdf application/pdf en http://irep.iium.edu.my/90110/2/Abstract%20Book%203WCII.pdf application/pdf en http://irep.iium.edu.my/90110/3/PARALLEL-SESSION-ORAL-POSTER-PRESENTATION-SCHEDULE-WCII-ICT4M-2021.pdf application/pdf en http://irep.iium.edu.my/90110/4/%23215Poster%20Aggravated.pdf Jahn Kassim, Puteri Nemie and Rosli, Muhammad Noor Firdaus (2021) Aggravated damages awards for medical negligence: a need to strengthen medical professionalism. In: 3rd World Congress on Integration and Islamicisation 2021: Mental Health and Well-Being in the 4th Industrial Revolution, 4th-6th June 2021, Kuantan, Pahang. (Unpublished)
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
English
English
topic K Law (General)
spellingShingle K Law (General)
Jahn Kassim, Puteri Nemie
Rosli, Muhammad Noor Firdaus
Aggravated damages awards for medical negligence: a need to strengthen medical professionalism
description Introduction: Aggravated Damages are awarded by the courts to compensate for injuries to feelings affecting pride and dignity, humiliation as well as mental distress. In Malaysia, this form of damages has been common in cases of assault, false imprisonment, defamation and malicious prosecution. However, the Federal Court in the case of Dr Hari Krishnan v Megat Noor Ishak [2018] 3 MLJ 281 has allowed Aggravated Damages to be awarded in medical negligence claims as the court held that such injuries are real injuries affecting a person’s body. Method: This research will employ the Qualitative research method namely, Content Analysis. Results: The award of Aggravated Damages has presently become a common trend in medical negligence claims in Malaysia. The aggravating factors that have led to the award include: (i) insolent behaviour of the medical practitioner towards the patient and family members causing distress and anxiety; (ii) negative conduct displayed throughout the trial; (iii) failure to follow hospital guidelines; (iv) inaccurate information and dishonesty in documentation; (v) suppression of the patient’s medical records. Such development in the law on medical negligence is worrying and can be viewed as diminishing the core values of medical professionalism in upholding integrity, compassion, altruism; continuous improvement, and excellence in providing care to the patients. Conclusion: Although the working environment may be more hectic and stressful, the medical profession needs to rethink and strengthen the set of values, behaviours as well as relationships that serve as the foundation of public trust in the profession. In all eventualities, medical professionalism should continuously be upheld, preserved, and thrive regardless of the challenging times.
format Conference or Workshop Item
author Jahn Kassim, Puteri Nemie
Rosli, Muhammad Noor Firdaus
author_facet Jahn Kassim, Puteri Nemie
Rosli, Muhammad Noor Firdaus
author_sort Jahn Kassim, Puteri Nemie
title Aggravated damages awards for medical negligence: a need to strengthen medical professionalism
title_short Aggravated damages awards for medical negligence: a need to strengthen medical professionalism
title_full Aggravated damages awards for medical negligence: a need to strengthen medical professionalism
title_fullStr Aggravated damages awards for medical negligence: a need to strengthen medical professionalism
title_full_unstemmed Aggravated damages awards for medical negligence: a need to strengthen medical professionalism
title_sort aggravated damages awards for medical negligence: a need to strengthen medical professionalism
publishDate 2021
url http://irep.iium.edu.my/90110/1/Abstract-Template-PNEMIE-FIRDAUS%20World-Congress-2021.pdf
http://irep.iium.edu.my/90110/2/Abstract%20Book%203WCII.pdf
http://irep.iium.edu.my/90110/3/PARALLEL-SESSION-ORAL-POSTER-PRESENTATION-SCHEDULE-WCII-ICT4M-2021.pdf
http://irep.iium.edu.my/90110/4/%23215Poster%20Aggravated.pdf
http://irep.iium.edu.my/90110/
_version_ 1706956580102078464
score 13.211869

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