Programme: HERE

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.

Topics and speakers:

5:00 – 5:05pm
Brief Overview and Introduction by
Moderator, Professor Albert Lee,
Medico-legal Consultant of Allied World Assurance Company, Emeritus Professor of Public Health and Primary Care of the Chinese University of Hong Kong, President of Hong Kong Health Education and Health Promotion Foundation

5:05pm – 5:30pm
Types of Damages awarded for Clinical Negligence by
Professor John Devereux,BA LLB (Hons) (Qld) Grad Dip Mil Law (Melb) D Phil (Oxon)
Professor of Law, Queensland University, Honorary Fellow of Australasian College of Legal Medicine

5:30pm – 5:55pm
Could court proceedings have been avoided for damages? by
George Kalimnios Esq, LLB (QUT). LLM (Hons) (ANU). Accredited Mediator NMAS
Barrister, Themis Chambers, Honorary Fellow of Australasian College of Legal Medicine

5:55pm – 6:05pm
Reflection from a clinical context by
Professor Albert Lee,
Medico-legal Consultant of Allied World Assurance Company, Emeritus Professor of Public Health and Primary Care of the Chinese University of Hong Kong, President of Hong Kong Health Education and Health Promotion Foundation

6:05pm – 6:30pm
Q &A 

Organiser:
The Health Education and Health Promotion Foundation

Supporting Organisers:
Allied World Assurance Company Holdings, Ltd
HKMA Institute of Healthcare Management
The Australasian College of Legal Medicine
WAML-ASEAN-Pacific-Australia Region Affiliate and Education Committee
Centre for Medical Ethics and Law, The University of Hong Kong (HKU)