I.P.M obo L.M v Member of the Executive Council for Health, Gauteng Provincial Government (Y63356/19) [2022] ZAGPPHC 299 (5 May 2022)

I.P.M obo L.M v Member of the Executive Council for Health, Gauteng Provincial Government (Y63356/19) [2022] ZAGPPHC 299 (5 May 2022)

The court found that the parties were in agreement regarding the quantum of damages following the prior separation of liability and quantum. The defendant had already been found liable for 100% of the damages suffered by the minor child due to negligent management of the labour and delivery process at Pholosong Hospital. The quantum was settled at R27,399,529.00, exceeding the original claim, but the defendant's counsel confirmed the authority to settle. The court accepted the settlement and ordered the matter to be removed from the trial roll and referred to the settlement roll, with the Registrar to allocate the earliest available date. The provisions of the Judge President’s practice...

Citation
[2022] ZAGPPHC 299
Parties
Plaintiff: I.P.M obo L.M; Defendant: Member of the Executive Council for Health, Gauteng Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2022
Case Number
Y63356/19
Procedural Posture
Civil Trial / Quantum Determination Following Separation of Issues
Outcome
Quantum of damages settled by agreement between the parties; matter removed from trial roll and referred to settlement roll.
Judges
Maubane
Legal Topics
Medical Negligence, Birth Asphyxia, Cerebral Palsy, Quantum of Damages, Separation of Liability and Quantum, Hospital Liability
Delict Civil Procedure Family and Children Medical Negligence Birth Asphyxia Cerebral Palsy Quantum of Damages Separation of Liability and Quantum +1 more

Case Brief

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Parties

I.P.M obo L.M

Plaintiff

Member of the Executive Council for Health, Gauteng Provincial Government

Defendant

Procedural Posture

Civil Trial / Quantum Determination Following Separation of Issues

Legal Issues

  1. 1 Whether the medical and nursing staff at Pholosong Hospital were negligent in the management of the plaintiff's labour and delivery process.
  2. 2 Whether the negligence caused the minor child to suffer hypoxic-ischemic brain injury resulting in cerebral palsy and other permanent disabilities.
  3. 3 Whether the quantum of damages claimed is justified and properly amended in light of the settlement agreement.

Ratio Decidendi

The court found that the parties were in agreement regarding the quantum of damages following the prior separation of liability and quantum. The defendant had already been found liable for 100% of the damages suffered by the minor child due to negligent management of the labour and delivery process at Pholosong Hospital. The quantum was settled at R27,399,529.00, exceeding the original claim, but the defendant's counsel confirmed the authority to settle. The court accepted the settlement and ordered the matter to be removed from the trial roll and referred to the settlement roll, with the Registrar to allocate the earliest available date. The provisions of the Judge President’s practice...

Court Disposition

Quantum of damages settled by agreement between the parties; matter removed from trial roll and referred to settlement roll.

Orders

  • The matter is removed from the trial roll.
  • The matter is referred to the settlement roll.