Booyse and Another v MEC, For Health, Gauteng Province (16233/13) [2019] ZAGPPHC 363 (19 July 2019)

Booyse and Another v MEC, For Health, Gauteng Province (16233/13) [2019] ZAGPPHC 363 (19 July 2019)

The court found, on the balance of probabilities, that JJ was not in a permanent vegetative state prior to his death, based on expert evidence and video footage showing interaction and emotional responses. Therefore, JJ was entitled to general damages for pain and suffering. The interim payment of R1,500,000 was deemed fair and reasonable compensation for JJ's general damages. The plaintiffs were also entitled to compensation for past hospital, medical and related expenses, future counselling costs, and general damages for shock and trauma, as supported by joint minutes and expert evidence. The claims for future medical expenses and care-giving beyond normal parenthood were dismissed due...

Citation
[2019] ZAGPPHC 363
Parties
Plaintiff: Liz-Marie Booyse; Plaintiff: Jacob Jacobus Booyse; Respondent: MEC for Health, Gauteng Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 July 2019
Case Number
16233/13
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Plaintiffs' claims for past and future medical expenses, general damages, and costs are granted as set out in the order. Claims for future medical expenses and care-giving beyond normal parenthood are dismissed due to JJ's death.
Judges
Lukhaimane
Legal Topics
Medical Negligence, Quantum of Damages, General Damages, Joint Minutes, Psychiatric Injury
Delict Civil Procedure Medical Negligence Quantum of Damages General Damages Joint Minutes Psychiatric Injury

Case Brief

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Parties

Liz-Marie Booyse

Plaintiff

Jacob Jacobus Booyse

Plaintiff

MEC for Health, Gauteng Province

Respondent

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 Whether JJ was in a permanent vegetative state and thus not entitled to general damages.
  2. 2 What quantum of damages is appropriate for the plaintiffs in their personal and representative capacities.
  3. 3 Whether the plaintiffs are entitled to compensation for past and future medical expenses, care-giving, and general damages for shock and trauma.

Ratio Decidendi

The court found, on the balance of probabilities, that JJ was not in a permanent vegetative state prior to his death, based on expert evidence and video footage showing interaction and emotional responses. Therefore, JJ was entitled to general damages for pain and suffering. The interim payment of R1,500,000 was deemed fair and reasonable compensation for JJ's general damages. The plaintiffs were also entitled to compensation for past hospital, medical and related expenses, future counselling costs, and general damages for shock and trauma, as supported by joint minutes and expert evidence. The claims for future medical expenses and care-giving beyond normal parenthood were dismissed due...

Court Disposition

Plaintiffs' claims for past and future medical expenses, general damages, and costs are granted as set out in the order. Claims for future medical expenses and care-giving beyond normal parenthood are dismissed due to JJ's death.

Orders

  • The Defendant is ordered to pay R205,860 to the Plaintiffs' attorneys within 30 days as damages in their personal capacity for general and special damages (future medical costs).
  • The Defendant is ordered to pay R1,500,000 as damages to the First Plaintiff in her representative capacity for JJ's general damages; no further payment is required as this amount was already paid as interim payment.