Mokhethi and Another v Member of the Executive Council for Health of the Gauteng Provincial Government (27522/2011) [2013] ZAGPJHC 227; 2014 (1) SA 93 (GSJ) (3 September 2013)

Mokhethi and Another v Member of the Executive Council for Health of the Gauteng Provincial Government (27522/2011) [2013] ZAGPJHC 227; 2014 (1) SA 93 (GSJ) (3 September 2013)

The defendant admitted liability for medical negligence resulting in severe injury to the minor child, T. The only issue for determination was the quantum of damages. The defendant's application for postponement was refused due to lack of good cause, unexplained delays, and failure to comply with procedural rules regarding expert evidence. The plaintiffs' expert evidence was unchallenged and established the necessity of urgent amputation and prosthesis to prevent further deterioration and emotional harm. Damages were calculated based on actuarial reports, with appropriate contingencies applied. The establishment of a trust for the minor was ordered to ensure proper administration of the...

Citation
[2013] ZAGPJHC 227
Parties
Plaintiff: Mokhethi, Teboho Johnny; Plaintiff: Mokhethi, Motshadi Evodia; Defendant: Member of the Executive Council for Health of the Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 September 2013
Case Number
27522/2011
Procedural Posture
Civil Trial / Quantum of Damages After Admission of Liability
Outcome
Plaintiffs' claim for damages is upheld; defendant's application for postponement is refused with costs; damages awarded as claimed; trust established for minor; costs awarded on attorney and client scale.
Judges
C J Claassen
Legal Topics
Medical Negligence, Quantum of Damages, Expert Evidence, Postponement, Trust for Minor, Costs Order
Delict Civil Procedure Medical Negligence Quantum of Damages Expert Evidence Postponement Trust for Minor Costs Order

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Parties

Mokhethi, Teboho Johnny

Plaintiff

Mokhethi, Motshadi Evodia

Plaintiff

Member of the Executive Council for Health of the Gauteng Provincial Government

Defendant

Procedural Posture

Civil Trial / Quantum of Damages After Admission of Liability

Legal Issues

  1. 1 What is the appropriate quantum of damages for the minor child following admitted medical negligence resulting in permanent disability?
  2. 2 Should the defendant's application for postponement of the trial be granted?
  3. 3 Is the establishment of a trust for the minor child necessary for the administration of the awarded damages?

Ratio Decidendi

The defendant admitted liability for medical negligence resulting in severe injury to the minor child, T. The only issue for determination was the quantum of damages. The defendant's application for postponement was refused due to lack of good cause, unexplained delays, and failure to comply with procedural rules regarding expert evidence. The plaintiffs' expert evidence was unchallenged and established the necessity of urgent amputation and prosthesis to prevent further deterioration and emotional harm. Damages were calculated based on actuarial reports, with appropriate contingencies applied. The establishment of a trust for the minor was ordered to ensure proper administration of the...

Court Disposition

Plaintiffs' claim for damages is upheld; defendant's application for postponement is refused with costs; damages awarded as claimed; trust established for minor; costs awarded on attorney and client scale.

Orders

  • Defendant shall pay plaintiffs, in their representative capacities as parents and natural guardians of their minor son, T T M, a capital amount of R21,480,394.00 in delictual damages, on or before 17 September 2013.
  • The amount is payable to the plaintiffs’ attorneys’ trust account as specified.