Should future medical expenses be introduced as a new heading under Article 1045 of the Civil Code?

Abstract

This Term Paper’s will analyse the restrictive approach of Article 1045 of the Maltese Civil Code when quantifying damages and also, arguing in favour for the implementation of a new head of damage missing in Maltese tort law; future medical expenses. To understand better the subject in hand and to critically formulate an opinion on Maltese Tort Law, the First Chapter will briefly discuss the Maltese legal provisions on what and when is a person liable, while also discussing the current remedies available for people seeking compensation under Maltese Tort Law. A brief history of landmark judgments will be analysed so the reader can understand the influences and development of Maltese Tort Law. After the reader is familiarised with the the provisions of Maltese Tort Law, this will help to critically analyse why Maltese Tort Law is behind other jurisdictions in this field of law because of the restrictive approach of Article 1045, which is the premise of the Second Chapter. This Chapter will also discuss any attempts made by the legislator, by delving into proposed amendments in this sphere of law, paying a close attention to Bill 78 of 2011, in relation to future medical expenses. This chapter will also analyses local cases which have indirectly awarded future medical expenses and how the considerations of the Courts should open an eye that the tools given by them to work with, are limited and the injured party, in some cases, is not being restored to a position he was before the incident. Finally, the Third and final Chapter will be of a comparative nature in order to see how other countries implement, categorise and apply future medical expenses. This comparative exercise will help in order to propose amendments and also in the drawing up of the conclusion and in answering the question of whether future medical expenses should be added as a new heading under Article 1045.