S.T.N obo S.T.M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (Y69426/2019) [2023] ZAGPPHC 684 (16 August 2023)

S.T.N obo S.T.M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (Y69426/2019) [2023] ZAGPPHC 684 (16 August 2023)

The court found that the defendant was liable for 90% of the proven damages suffered by the minor child due to medical negligence during childbirth, resulting in cerebral palsy and severe disability. The quantum of damages was determined based on extensive expert evidence, joint minutes, and actuarial calculations, with agreed contingency deductions applied to various heads of damages. The court accepted the parties' joint submissions regarding the amounts to be awarded for future medical expenses, loss of earnings, past caregiving, and general damages. The total award was calculated at R14,551,393.00, with the establishment of a professional trust for the protection and administration of...

Citation
[2023] ZAGPPHC 684
Parties
Plaintiff: S.T.N obo S.T.M; Defendant: Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 August 2023
Case Number
Y69426/2019
Procedural Posture
Civil Action / Quantum Determination After Separation of Merits and Quantum
Outcome
Plaintiff's claim for damages on behalf of the minor child is upheld. Defendant is ordered to pay the agreed quantum and costs, and a trust is to be established for the protection of the award.
Judges
Collis
Legal Topics
Medical Negligence, Cerebral Palsy, Quantification of Damages, Contingency Deductions, Trust Protection of Award, Future Medical Expenses
Delict Civil Procedure Family and Children Medical Negligence Cerebral Palsy Quantification of Damages Contingency Deductions Trust Protection of Award +1 more

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Parties

S.T.N obo S.T.M

Plaintiff

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government

Defendant

Procedural Posture

Civil Action / Quantum Determination After Separation of Merits and Quantum

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from medical negligence during childbirth resulting in cerebral palsy.
  2. 2 How the quantum of damages for future medical expenses, loss of earnings, past caregiving, and general damages should be calculated and apportioned.
  3. 3 Whether the establishment of a trust for the protection and administration of the award is appropriate.

Ratio Decidendi

The court found that the defendant was liable for 90% of the proven damages suffered by the minor child due to medical negligence during childbirth, resulting in cerebral palsy and severe disability. The quantum of damages was determined based on extensive expert evidence, joint minutes, and actuarial calculations, with agreed contingency deductions applied to various heads of damages. The court accepted the parties' joint submissions regarding the amounts to be awarded for future medical expenses, loss of earnings, past caregiving, and general damages. The total award was calculated at R14,551,393.00, with the establishment of a professional trust for the protection and administration of...

Court Disposition

Plaintiff's claim for damages on behalf of the minor child is upheld. Defendant is ordered to pay the agreed quantum and costs, and a trust is to be established for the protection of the award.

Orders

  • The defendant is ordered to pay the amount of R14,551,393.00 to the plaintiff's attorneys in final settlement of the claim.
  • The capital amount is to be paid by direct transfer into the trust account of O Joubert Attorney.