DEM obo K.O.M v Member of the Executive of Department of Health, North West Province (27605/2015) [2015] ZAGPPHC 1123 (5 June 2015)

DEM obo K.O.M v Member of the Executive of Department of Health, North West Province (27605/2015) [2015] ZAGPPHC 1123 (5 June 2015)

The court found, on the balance of probabilities and expert evidence, that K.O.M. suffered a diffuse brain injury due to hypoxia at birth in addition to brachial plexus injury. The evidence of Dr Olivier and Ms Bubb was compelling and established cognitive and emotional deficits attributable to cerebral hypoxia. The court accepted actuarial and expert calculations for loss of earnings, future medical expenses, and general damages, applying appropriate contingencies. The total award was determined as R5,647,274.00, less interim payments. The court ordered the establishment of a trust for the benefit of K.O.M. to administer the award, with detailed provisions for its operation and...

Citation
[2015] ZAGPPHC 1123
Parties
Plaintiff: D E M. obo K. O M.; Defendant: Member of the Executive Council of the Department of Health, North West Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 June 2015
Case Number
27605/2015
Procedural Posture
Civil Trial / Quantum and Final Orders
Outcome
Judgment for the plaintiff. The defendant is ordered to pay R5,647,274.00 to the plaintiff for the benefit of K.O.M., less interim payments, and to pay costs including expert fees and the costs of establishing a trust.
Judges
A.C. Basson
Legal Topics
Medical Negligence, Quantum of Damages, Loss of Earnings, Future Medical Expenses, Trust Creation for Minor, Contingency Fee Agreement
Delict Civil Procedure Medical Negligence Quantum of Damages Loss of Earnings Future Medical Expenses Trust Creation for Minor Contingency Fee Agreement

Case Brief

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Parties

D E M. obo K. O M.

Plaintiff

Member of the Executive Council of the Department of Health, North West Province

Defendant

Procedural Posture

Civil Trial / Quantum and Final Orders

Legal Issues

  1. 1 Whether K.O.M. suffered a diffuse brain injury due to hypoxia at birth in addition to brachial plexus injury.
  2. 2 What is the appropriate quantum for future medical expenses, loss of earnings, and general damages.
  3. 3 Whether a trust should be established for the administration of the award.

Ratio Decidendi

The court found, on the balance of probabilities and expert evidence, that K.O.M. suffered a diffuse brain injury due to hypoxia at birth in addition to brachial plexus injury. The evidence of Dr Olivier and Ms Bubb was compelling and established cognitive and emotional deficits attributable to cerebral hypoxia. The court accepted actuarial and expert calculations for loss of earnings, future medical expenses, and general damages, applying appropriate contingencies. The total award was determined as R5,647,274.00, less interim payments. The court ordered the establishment of a trust for the benefit of K.O.M. to administer the award, with detailed provisions for its operation and...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay R5,647,274.00 to the plaintiff for the benefit of K.O.M., less interim payments, and to pay costs including expert fees and the costs of establishing a trust.

Orders

  • The defendant is ordered to pay the plaintiff, for the benefit of K.O.M., R5,647,274.00.
  • The amount awarded takes into account the interim payment of R1,500,000.00 already made.