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Aggravated Damages Awards for Medical Negligence: A Need to Strengthen Medical Professionalism

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 Fed...

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Main Authors: Jahn Kassim, Puteri Nemie, Rosli, Muhammad Noor Firdaus
Format: Article
Language:English
Published: Universiti Putra Malaysia 2021
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/91330/1/20210803132123Complete_abstract.pdf
http://irep.iium.edu.my/91330/
https://medic.upm.edu.my/jurnal_kami/malaysian_journal_of_medicine_and_health_sciences_mjmhs-9255
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spelling my.iium.irep.913302021-08-05T14:17:46Z http://irep.iium.edu.my/91330/ Aggravated Damages Awards for Medical Negligence: A Need to Strengthen Medical Professionalism Jahn Kassim, Puteri Nemie Rosli, Muhammad Noor Firdaus K Law (General) 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. This research will employ the Qualitative research method, namely, Content Analysis. 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. 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 Universiti Putra Malaysia 2021-08-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/91330/1/20210803132123Complete_abstract.pdf Jahn Kassim, Puteri Nemie and Rosli, Muhammad Noor Firdaus (2021) Aggravated Damages Awards for Medical Negligence: A Need to Strengthen Medical Professionalism. Malaysian Journal of Medicine and Health Sciences (MJMHS), 17 (5). p. 59. E-ISSN 2636-9346 https://medic.upm.edu.my/jurnal_kami/malaysian_journal_of_medicine_and_health_sciences_mjmhs-9255
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
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 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. This research will employ the Qualitative research method, namely, Content Analysis. 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. 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 Article
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
publisher Universiti Putra Malaysia
publishDate 2021
url http://irep.iium.edu.my/91330/1/20210803132123Complete_abstract.pdf
http://irep.iium.edu.my/91330/
https://medic.upm.edu.my/jurnal_kami/malaysian_journal_of_medicine_and_health_sciences_mjmhs-9255
_version_ 1707765680946806784
score 13.211869

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