A K obo L K v Member of the Executive Council for Health, Free State Province (5284/2017) [2020] ZAFSHC 209 (20 November 2020)

A K obo L K v Member of the Executive Council for Health, Free State Province (5284/2017) [2020] ZAFSHC 209 (20 November 2020)

The court found that, although both parties were partially successful, the Defendant initially denied liability and ultimately conceded 50% liability. Therefore, the Plaintiff is considered the successful party and is entitled to her full costs. The court exercised its discretion to award the Plaintiff her taxed or agreed costs of suit, including reasonable expenses for attending medico-legal appointments, but did not specifically order payment of expert attendance costs since no experts attended the proceedings. The costs of expert reports and qualifying fees are to be included in the taxed or agreed costs at taxation.

Citation
[2020] ZAFSHC 209
Parties
Plaintiff: A K obo L K; Defendant: Member of the Executive Council for Health, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 November 2020
Case Number
5284/2017
Procedural Posture
Civil Trial / Final Judgment
Outcome
The Defendant is liable to compensate the Plaintiff for 50% of her agreed or proven damages and is ordered to pay the Plaintiff's taxed or agreed costs of suit, including specified expenses.
Judges
P.J. Loubser
Legal Topics
Medical Negligence, Damages, Costs Award, Expert Evidence
Delict Civil Procedure Medical Negligence Damages Costs Award Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

A K obo L K

Plaintiff

Member of the Executive Council for Health, Free State Province

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the Defendant is liable for damages arising from alleged medical negligence at Bongani Hospital.
  2. 2 Whether the Defendant should pay all or only 50% of the Plaintiff's costs.
  3. 3 Whether the costs of the Plaintiff's experts should be included in the costs order.

Ratio Decidendi

The court found that, although both parties were partially successful, the Defendant initially denied liability and ultimately conceded 50% liability. Therefore, the Plaintiff is considered the successful party and is entitled to her full costs. The court exercised its discretion to award the Plaintiff her taxed or agreed costs of suit, including reasonable expenses for attending medico-legal appointments, but did not specifically order payment of expert attendance costs since no experts attended the proceedings. The costs of expert reports and qualifying fees are to be included in the taxed or agreed costs at taxation.

Court Disposition

The Defendant is liable to compensate the Plaintiff for 50% of her agreed or proven damages and is ordered to pay the Plaintiff's taxed or agreed costs of suit, including specified expenses.

Orders

  • The Defendant is liable to compensate the Plaintiff 50% of the Plaintiff's agreed or proven damages arising from the brain damage suffered by L K at Bongani Hospital on 28 December 2013.
  • The Defendant is ordered to pay the Plaintiff's taxed or agreed costs of suit on the party and party scale, including the costs consequent upon the employment of counsel for 10 and 19 November 2020 and the Plaintiff's reasonable traveling expenses to and from medico-legal appointments.