N.M obo A.M v Member of the Executive Council For Health: Eastern Cape Province (Reasons) (629/2019) [2022] ZAECBHC 47 (2 December 2022)

N.M obo A.M v Member of the Executive Council For Health: Eastern Cape Province (Reasons) (629/2019) [2022] ZAECBHC 47 (2 December 2022)

The court found that the child suffered irreversible spastic and dystonic cerebral palsy, resulting in permanent disability, profound loss of amenities, and a curtailed life expectancy. The evidence of pain, suffering, and disablement was largely uncontested, and the defendant led no evidence to challenge the quantum or the plaintiff's expert testimony. The court accepted the parties' agreement on life expectancy and other heads of damages, with the only dispute being the quantum for general damages. Considering comparable case law and current values, the court determined that R2 million was a fair and reasonable award for general damages, consistent with awards in similar cases. The...

Citation
[2022] ZAECBHC 47
Parties
Plaintiff: NM obo AM; Defendant: Member of the Executive Council for Health: Eastern Cape Province
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
2 December 2022
Case Number
629/2019
Procedural Posture
Civil Trial / Quantum Hearing; Reasons for Order
Outcome
The court awarded the plaintiff R2 million for general damages and ordered payment of R19 045 233.00 for the minor child's future medical and related expenses, after deduction of an interim payment. The defendant was ordered to pay costs and interest as specified.
Judges
Hartle
Legal Topics
Medical Negligence, Quantum of Damages, General Damages, Cerebral Palsy, Loss of Amenities, Future Medical Expenses
Delict Civil Procedure Family and Children Medical Negligence Quantum of Damages General Damages Cerebral Palsy Loss of Amenities +1 more

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Parties

NM obo AM

Plaintiff

Member of the Executive Council for Health: Eastern Cape Province

Defendant

Procedural Posture

Civil Trial / Quantum Hearing; Reasons for Order

Legal Issues

  1. 1 What is the appropriate quantum for general damages for a child suffering from spastic and dystonic cerebral palsy due to medical negligence.
  2. 2 Should the court accept the parties' agreement on life expectancy and other heads of damages.
  3. 3 Is the defendant's public health care defence relevant to the quantum determination.

Ratio Decidendi

The court found that the child suffered irreversible spastic and dystonic cerebral palsy, resulting in permanent disability, profound loss of amenities, and a curtailed life expectancy. The evidence of pain, suffering, and disablement was largely uncontested, and the defendant led no evidence to challenge the quantum or the plaintiff's expert testimony. The court accepted the parties' agreement on life expectancy and other heads of damages, with the only dispute being the quantum for general damages. Considering comparable case law and current values, the court determined that R2 million was a fair and reasonable award for general damages, consistent with awards in similar cases. The...

Court Disposition

The court awarded the plaintiff R2 million for general damages and ordered payment of R19 045 233.00 for the minor child's future medical and related expenses, after deduction of an interim payment. The defendant was ordered to pay costs and interest as specified.

Orders

  • The defendant shall pay the plaintiff in her personal capacity R331,000.00 within 30 calendar days.
  • The defendant shall pay interest on the above amount at the prescribed rate if not paid within 30 days.