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FREE WEBINAR: Aggravated Damages for Medical Negligence
Organised by Health Education Promotion Foundation
Date: 10 December 2024
Time: 7.00pm-8.30pm Australian Eastern Standard Time (GMT +10)
Cost: Free
Register here: Webinar Registration - Zoom
OVERVIEW:
A patient in Malaysia was awarded an unpreceded RM 1,000,000 (1 RM~US$0.21) for aggravated damages, with only RM 200,000 awarded as general damages (Dr Hari Krishman & Ancor v Megat Ibrahim & Anor and another Appeal [2018] 3 CLJ 427). Clinical negligence is a tort claim, and the law aims to return the claimant to their “pre-tort” position. In what circumstances should a court award aggravated or punitive damages? Should this be compensation for the loss suffered by the plaintiff rather than the degree of negligence by the defendant professional? What is the role of pre-trial proceedings such as mediation, in reducing any award of damages?
In this webinar, we are privileged to have Prof John Devereaux; renowned scholar and author together with George Kalimnios Esq, a remarkable and experienced Barrister discuss the Dr Hari Krishman case from perspectives of damages and could the court proceedings have been avoided? The moderator Professor Albert Lee will give a short reflection from a clinical context.
