Federal Court judge Vazeer Alam Mydin Meera said compensatory damages can build up according to the varying needs of the patient.
The overall cost of healthcare will become more expensive, as Malaysians live longer, and as advances are made in medicine, treatment and equipment, he said at the Iskandar law conference last week.
Vazeer said the courts were bound by established principles and compendiums of damages before giving the awards.
He added that the awards were not aimed at enriching a victim but to help restore the quality of life to earlier conditions as much as possible.
“The compensation awards are not picked out of thin air. The judges are guided by the expert evidence given by medical professionals. We don’t just say okay and make the awards.
“We have to rely on the experts. Medical professionals from both parties come to court to tell us what the needs of the patients are going to be.
“They will convince the court why new and more expensive treatments may be needed for the victims,” he said.
Vazeer cited a case he presided over about 10 years ago, involving a cerebral palsy case resulting from medical negligence during birth, where he decided on an award of RM2 million.
He then pointed out that, recently, the Court of Appeal awarded RM8 million for a similar case.
“Several decades ago, the life expectancy of cerebral palsy victims was not high. Now, with medical advancement and improved healthcare, they can live for about 40 years or more,” he said.
In cases involving the loss of a limb due to medical negligence, the judge said the court has to take into account the types of artificial limbs available out there, where some state-of-the-art ones can cost up to RM50,000.
“We also must remember that this limb may last only for five years. So if a man is awarded this compensation when he is 20 years old, and if he has 50 years more to live based on the average lifespan, courts must award an amount for 10 such limbs, which will amount to RM500,000.”
Aside from the normal cost of medical care and aids, he said claims these days include compensation for caregivers, cost of future special education, pain and suffering, loss of earnings and amenities.