J.R.H and Another v Member of the Executive Council: Department of Health, Free State Province (3270/2016) [2023] ZAFSHC 494 (21 December 2023)

J.R.H and Another v Member of the Executive Council: Department of Health, Free State Province (3270/2016) [2023] ZAFSHC 494 (21 December 2023)

The defendant admitted liability for the plaintiffs' damages resulting from medical negligence. The court accepted the joint expert minutes and actuarial calculations, finding that the first plaintiff suffered severe psychological and physical harm, while the second plaintiff experienced significant trauma. The court determined appropriate contingencies for loss of earnings: 7.5% on past income and 15% on future income in the 'but for' scenario, and 5% on past income and 35% on future income in the 'having regard to' scenario. General damages were assessed with reference to comparable cases and the severity of the plaintiffs' suffering. The court awarded specific amounts for general...

Citation
[2023] ZAFSHC 494
Parties
Plaintiff: J[...] R[...] H[...]; Plaintiff: G[...] M[...] A[...] H[...]; Defendant: Member of the Executive Council: Department of Health, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 December 2023
Case Number
3270/2016
Procedural Posture
Civil Trial / Quantum Determination After Concession of Liability
Outcome
Plaintiffs' claims for damages upheld; quantum determined and awarded.
Judges
Gusha, AJ
Legal Topics
Medical Negligence, Quantum of Damages, Loss of Earnings, General Damages, Psychiatric Injury, Contingencies
Delict Civil Procedure Family and Children Medical Negligence Quantum of Damages Loss of Earnings General Damages Psychiatric Injury +1 more

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Parties

J[...] R[...] H[...]

Plaintiff

G[...] M[...] A[...] H[...]

Plaintiff

Member of the Executive Council: Department of Health, Free State Province

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Concession of Liability

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiffs following admitted medical negligence resulting in the death of their child and associated sequelae?
  2. 2 What contingencies should be applied to the calculation of past and future loss of earnings?
  3. 3 What is the fair amount for general damages given the plaintiffs' psychological and physical suffering?

Ratio Decidendi

The defendant admitted liability for the plaintiffs' damages resulting from medical negligence. The court accepted the joint expert minutes and actuarial calculations, finding that the first plaintiff suffered severe psychological and physical harm, while the second plaintiff experienced significant trauma. The court determined appropriate contingencies for loss of earnings: 7.5% on past income and 15% on future income in the 'but for' scenario, and 5% on past income and 35% on future income in the 'having regard to' scenario. General damages were assessed with reference to comparable cases and the severity of the plaintiffs' suffering. The court awarded specific amounts for general...

Court Disposition

Plaintiffs' claims for damages upheld; quantum determined and awarded.

Orders

  • Defendant to pay the first plaintiff R5,118,532.90, comprising general damages (R550,000.00), loss of income (R3,878,362.90), and future medical expenses (R690,170.00).
  • Defendant to pay the second plaintiff R390,870.00, comprising general damages (R300,000.00) and future medical expenses (R90,870.00).