Description
Medical negligence – medical mismanagement – personal injuries – pecuniary damages – non-pecuniary damages – loss of medical expenses – loss of earnings (past or future loss) – cost of future nursing and medical cares – cost of domestic help – cost of necessary utilities – loss of a profitable hobby – loss of values of the use of company car – cost of suitable accommodation – alteration to accommodation – cost of necessary utilities such as telephone or car for emergencies – pre-accident working life expectancy – multiplicand and multiplier formula – actual loss of earnings – physical handicap – risk of future economic loss – mental handicap – loss of income – loss of amenities – fall of the value of money and inflation.
- A victim of a road accident who suffered injuries on his leg was operated on his head instead of the injured leg due to a mix up of files of two patients with similar first names.
- A victim of personal injuries is entitled to two types of damages namely pecuniary and non-pecuniary damages.
- Pecuniary damages are awarded for loss of medical expenses, loss of earnings (past or future loss), cost of future nursing and medical cares, cost of domestic help, cost of necessary utilities, loss of a profitable hobby, loss of values of the use of company car, cost of suitable accommodation or alteration to accommodation, and cost of necessary utilities such as telephone or car for emergencies.
- Loss of earnings up to the time of trial is usually treated as special damages.
- Damages for lost years are awarded for the whole pre-accident working life expectancy.
- The claim of lost years in respect of a living plaintiff is calculated in the same way as that of lost years for a deceased under fatal accident. The multiplicand and multiplier formula is used in obtaining the lost income.
- Damages may be awarded to a plaintiff who has not suffered any current actual loss of earnings but whose capacity to obtain the same remuneration in a competitive open market has been compromised by his physical handicap arising from the injuries suffered. Those damages are meant to compensate the plaintiff for the risk of future economic loss likely to result owing to the plainitff’s physical or mental handicap. In assessing this kind of damage, the multiplier/multiplicand formula cannot be used since the plaintiff is not suffering any current loss.
- Damages for loss of earning capacity is commonly awarded in respect of children or youths who have no actual earnings or current loss at the time of injury.
- Cost of future nursing and medical expenses – necessary medical equipment – expert evidence must be produced to establish the current market cost of such equipment.
- It is only possible to prove that the plaintiff requires nursing care if such case has been provided from the time of injury up to the date of trial.
- If a relative or family member gives up his employment or business in order to provide nursing care to the plaintiff, the measure of damages will be loss of earnings as a result of giving up his employment. Alternatively, the court may make a global award.
- Even where the injury to the claimant was caused by some other accident, medical mismanagement could attract damages where the claimant’s condition is worsened by the treatment given by the doctor.
- Plaintiff awarded loss of income for 21 months since during that time he was hospitalized.
- Damages for future nursing and medical care were denied since the plaintiff had a health insurance card.
- Plaintiff was awarded costs for a domestic help due to injuries. Rate used was a minimum wage salary for a domestic worker.
- Non-pecuniary damages are awarded for pain and suffering and loss of amenities suffered by the plaintiff.
- Damages for non-pecuniary loss are assessed by courts continuously due to incidence of the fall of the value of money and inflation.
- Damages for pain and suffering are awarded for the pain and suffering actual or prospects where the victim has been subjected to or may continue to suffer in his lifetime.
- Damages for loss of amenities are awarded to a plaintiff for loss of ability to enjoy life. This is the loss of bodily function and deprivation. The deprivation include loss of sexual pleasure, inability to walk, inability to dance, inability to drive or ride a motor bike, inability to read, inability to see or hear, inability to talk or the loss of speech power, facial disfigurement constituting cosmetic distress and social embarrassment, inability to pursue a sport hobby once cherished by the plaintiff, loss of consortium and servitum.
- When the right of a spouse to enjoy consortium of the other is interfered with by a tortious act of another, a cause of action lies for damages against the tortfeasor by the spouse who has suffered damage.
- The claim for loss of consortium and servitum may be brought separately from the suit for damages for personal injuries by the injured spouse but in practice the two suits are consolidated.
