J.J v Meyer (51155/2014) [2017] ZAGPPHC 285; [2017] 3 All SA 878 (GP) (6 February 2017)

J.J v Meyer (51155/2014) [2017] ZAGPPHC 285; [2017] 3 All SA 878 (GP) (6 February 2017)

The court found that the defendant failed to obtain informed consent from the plaintiff prior to performing the abdominoplasty, and this was not contested. The plaintiff suffered complications requiring further surgeries, resulting in permanent scarring and psychological sequelae. Expert evidence established that the plaintiff's physical limitations were not medically attributable to the surgery, but her psychological distress and functional limitations were genuine and linked to the incident. The court exercised its discretion to award general damages, psychotherapy costs, and assistive items, finding that the plaintiff's claim was based on breach of duty of care and that the sequelae...

Citation
[2017] ZAGPPHC 285
Parties
Plaintiff: J J; Defendant: Dr Andre Meyer
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 February 2017
Case Number
51155/2014
Procedural Posture
Civil Trial / Quantum and Damages Determination After Partial Settlement on Merits
Outcome
Plaintiff's claim for damages arising from the abdominoplasty and its complications is upheld. Defendant is ordered to pay the plaintiff.
Judges
Avvakoumides
Legal Topics
Medical Malpractice, Informed Consent, General Damages, Psychological Injury, Breach of Duty of Care, Quantification of Damages
Delict Civil Procedure Family and Children Medical Malpractice Informed Consent General Damages Psychological Injury Breach of Duty of Care +1 more

Case Brief

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Parties

J J

Plaintiff

Dr Andre Meyer

Defendant

Procedural Posture

Civil Trial / Quantum and Damages Determination After Partial Settlement on Merits

Legal Issues

  1. 1 Whether the sequelae complained of by the plaintiff arise from the abdominoplasty and its complications.
  2. 2 Whether the defendant failed to obtain informed consent from the plaintiff prior to surgery.
  3. 3 Whether the plaintiff is entitled to general damages for pain, suffering, and loss of amenities of life.

Ratio Decidendi

The court found that the defendant failed to obtain informed consent from the plaintiff prior to performing the abdominoplasty, and this was not contested. The plaintiff suffered complications requiring further surgeries, resulting in permanent scarring and psychological sequelae. Expert evidence established that the plaintiff's physical limitations were not medically attributable to the surgery, but her psychological distress and functional limitations were genuine and linked to the incident. The court exercised its discretion to award general damages, psychotherapy costs, and assistive items, finding that the plaintiff's claim was based on breach of duty of care and that the sequelae...

Court Disposition

Plaintiff's claim for damages arising from the abdominoplasty and its complications is upheld. Defendant is ordered to pay the plaintiff.

Orders

  • The defendant is ordered to pay the sum of R417,920.00 to the plaintiff.
  • Payment shall be made into the trust account of the plaintiff's attorneys, G. P. Venter, Standard Bank of South Africa, Hatfield Branch Code 011545, Account Number 012 543 519.