Mhlongo v Member of The Executive Council For Health of The Gauteng Provincial Government (11229/2019) [2022] ZAGPPHC 652 (30 August 2022)

Mhlongo v Member of The Executive Council For Health of The Gauteng Provincial Government (11229/2019) [2022] ZAGPPHC 652 (30 August 2022)

The court determined the quantum of damages for the minor based on extensive expert evidence, joint minutes, and accepted actuarial calculations. The total award comprised future medical expenses, future loss of earning capacity, and general damages, with appropriate contingency deductions applied. The court found that the severity of the minor's injuries, lifelong care needs, and loss of amenities justified a substantial award. The court ordered that the award be protected by a trust, with trustee remuneration set at 7.5% of the total award, and that the plaintiff is entitled to costs, including expert and counsel fees. The defendant was ordered to pay the capital amount into the...

Citation
[2022] ZAGPPHC 652
Parties
Plaintiff: Nelisiwe Mhlongo; Defendant: Member of The Executive Council For Health of The Gauteng Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 August 2022
Case Number
11229/2019
Procedural Posture
Civil Trial / Quantum Determination Following Settlement of Merits
Outcome
Judgment for the plaintiff. Defendant ordered to pay damages and costs.
Judges
P N Manamela
Legal Topics
Medical Negligence, Quantum of Damages, Future Loss of Earnings, Contingency Deductions, Trust Award Protection, Costs Follow Result
Delict Civil Procedure Family and Children Medical Negligence Quantum of Damages Future Loss of Earnings Contingency Deductions Trust Award Protection +1 more

Case Brief

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Parties

Nelisiwe Mhlongo

Plaintiff

Member of The Executive Council For Health of The Gauteng Provincial Government

Defendant

Procedural Posture

Civil Trial / Quantum Determination Following Settlement of Merits

Legal Issues

  1. 1 What is the appropriate quantum of damages for the minor's injuries resulting from medical negligence.
  2. 2 How should future medical expenses, loss of earnings, and general damages be calculated and awarded.
  3. 3 What contingency deductions are appropriate for future losses and expenses.

Ratio Decidendi

The court determined the quantum of damages for the minor based on extensive expert evidence, joint minutes, and accepted actuarial calculations. The total award comprised future medical expenses, future loss of earning capacity, and general damages, with appropriate contingency deductions applied. The court found that the severity of the minor's injuries, lifelong care needs, and loss of amenities justified a substantial award. The court ordered that the award be protected by a trust, with trustee remuneration set at 7.5% of the total award, and that the plaintiff is entitled to costs, including expert and counsel fees. The defendant was ordered to pay the capital amount into the...

Court Disposition

Judgment for the plaintiff. Defendant ordered to pay damages and costs.

Orders

  • The defendant is ordered to pay the plaintiff, in her representative capacity, the capital amount of R15,121,746.80.
  • The capital amount must be paid into the plaintiff's attorneys' trust account within 60 calendar days.