LEGAL UPDATES – TORT – MEDICAL NEGLIGENCE – QUANTUM OF DAMAGES – GRIEF IS NOT A GROUND FOR A HIGHER AWARD IN BIRTH INJURY CASES
Can damages be increased simply because the consequences of medical negligence are tragic? In Kerajaan Malaysia dan lain-lain v Nirwana Tamba [2026] 10 MLJ 24, the High Court held that they cannot. Although the plaintiff suffered devastating physical and psychological injuries and tragically lost her child, the Court reaffirmed that damages must be based on legal principles and evidence, not sympathy. Finding that the awards for pain and suffering, aggravated damages and costs were already within the accepted judicial range, the Court dismissed the plaintiff’s cross-appeal and further held that claims for out-of-pocket litigation expenses must be specifically pleaded and proved.
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