Shushu v Member of The Executive Council for Health, Gauteng Province (64532/2017) [2022] ZAGPPHC 805 (26 October 2022)

Shushu v Member of The Executive Council for Health, Gauteng Province (64532/2017) [2022] ZAGPPHC 805 (26 October 2022)

The court found that the compensation received by the plaintiff from the Road Accident Fund was for injuries sustained in the motor vehicle accident, not for the subsequent negligent medical treatment by the defendant. The defendant failed to establish that the RAF payment covered the same injuries for which the plaintiff sought compensation for medical negligence. Given the lack of clarity and breakdown in the RAF payment, the court accepted the agreed quantum of R2,600,000 as reasonable for the combined injuries and subtracted the R980,000 already paid by the RAF, awarding the plaintiff R1,720,000 against the defendant. The principle against double compensation was applied, but the...

Citation
[2022] ZAGPPHC 805
Parties
Plaintiff: Shushu, T; Defendant: Member of The Executive Council for Health, Gauteng Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 October 2022
Case Number
64532/2017
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff's claim for damages against the defendant is upheld; quantum determined after deduction of prior RAF payment.
Judges
Mbongwe
Legal Topics
Medical Negligence, Double Compensation, Quantification of Damages, Road Accident Fund, Prescription, Vicarious Liability
Delict Civil Procedure Medical Negligence Double Compensation Quantification of Damages Road Accident Fund Prescription Vicarious Liability

Case Brief

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Parties

Shushu, T

Plaintiff

Member of The Executive Council for Health, Gauteng Province

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 Whether the plaintiff's claim against the defendant for medical negligence is precluded by double compensation due to prior payment by the Road Accident Fund.
  2. 2 How the quantum of damages for medical negligence should be computed given prior compensation by the RAF.
  3. 3 Whether the plaintiff's claim is prescribed or precluded by non-compliance with statutory notice requirements.

Ratio Decidendi

The court found that the compensation received by the plaintiff from the Road Accident Fund was for injuries sustained in the motor vehicle accident, not for the subsequent negligent medical treatment by the defendant. The defendant failed to establish that the RAF payment covered the same injuries for which the plaintiff sought compensation for medical negligence. Given the lack of clarity and breakdown in the RAF payment, the court accepted the agreed quantum of R2,600,000 as reasonable for the combined injuries and subtracted the R980,000 already paid by the RAF, awarding the plaintiff R1,720,000 against the defendant. The principle against double compensation was applied, but the...

Court Disposition

Plaintiff's claim for damages against the defendant is upheld; quantum determined after deduction of prior RAF payment.

Orders

  • The defendant is ordered to pay the plaintiff damages in the amount of R1,720,000.
  • The defendant is ordered to pay the plaintiff's costs, including costs consequent upon the employment of two counsel, but excluding costs already paid by the Road Accident Fund and listed in the court order dated 02 February 2018.