M.P obo S.P v Member of the Executive Council for Health, Eastern Cape, Province (121/2016) [2018] ZAECMHC 28 (22 May 2018)

M.P obo S.P v Member of the Executive Council for Health, Eastern Cape, Province (121/2016) [2018] ZAECMHC 28 (22 May 2018)

The court found that the minor S.P. suffered severe quadriplegic cerebral palsy due to hypoxic ischemic injury at birth, for which the defendant was liable. The quantum of damages was determined based on extensive expert evidence, joint minutes, and an actuarial certificate of value. The court accepted the need for two full-time carers, technological aids, and educational allowances, but excluded the cost of day care after age eighteen due to lack of evidence of such facilities in Mthatha. The contingency deduction for future loss of earnings was set at 15%, and the award was to be administered via a trust for the minor's benefit. The court ordered payment of specified amounts for future...

Citation
[2018] ZAECMHC 28
Parties
Plaintiff: M.P obo S.P; Defendant: Member of the Executive Council for Health, Eastern Cape, Province
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
22 May 2018
Case Number
121/2016
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff's claim for quantum upheld; defendant ordered to pay specified damages, costs, and to facilitate trust establishment.
Judges
Brooks
Legal Topics
Medical Negligence, Cerebral Palsy, Quantum of Damages, Future Loss of Earnings, Trust Establishment, Contingency Deduction
Delict Civil Procedure Family and Children Medical Negligence Cerebral Palsy Quantum of Damages Future Loss of Earnings Trust Establishment +1 more

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Parties

M.P obo S.P

Plaintiff

Member of the Executive Council for Health, Eastern Cape, Province

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 What is the appropriate quantum of damages for the minor child S.P. following hypoxic ischemic brain injury at birth.
  2. 2 Should the award include provision for future medical expenses, loss of earnings, and general damages.
  3. 3 Is the establishment of a trust for the administration of the award justified.

Ratio Decidendi

The court found that the minor S.P. suffered severe quadriplegic cerebral palsy due to hypoxic ischemic injury at birth, for which the defendant was liable. The quantum of damages was determined based on extensive expert evidence, joint minutes, and an actuarial certificate of value. The court accepted the need for two full-time carers, technological aids, and educational allowances, but excluded the cost of day care after age eighteen due to lack of evidence of such facilities in Mthatha. The contingency deduction for future loss of earnings was set at 15%, and the award was to be administered via a trust for the minor's benefit. The court ordered payment of specified amounts for future...

Court Disposition

Plaintiff's claim for quantum upheld; defendant ordered to pay specified damages, costs, and to facilitate trust establishment.

Orders

  • The defendant shall pay the plaintiff, in her representative capacity for S.P., the amount of R21,589,799.00 within thirty days, comprising R18,749,922.00 for future medical expenses and related costs, R839,797.00 for future loss of earnings capacity, and R2,000,000.00 for general damages.
  • Interest at the prescribed rate applies if payment is not made within thirty days.