Swardt v Member of the Executive Council for Health, KwaZulu-Natal Province (2813/2014P) [2020] ZAKZPHC 45 (11 June 2020)

Swardt v Member of the Executive Council for Health, KwaZulu-Natal Province (2813/2014P) [2020] ZAKZPHC 45 (11 June 2020)

The court found that the plaintiff suffered severe and irreversible injuries due to the negligent administration of radiation therapy by medical practitioners at Grey's Hospital, resulting in pain, suffering, and amputation. Liability was conceded by the defendant, and the trial proceeded solely on quantum. The court considered joint expert minutes and actuarial reports, noting that the amounts claimed had already been reduced through expert compromise. In determining quantum, the court applied a 5% contingency to future medical expenses and 7% and 9% contingencies to pre- and post-morbid loss of earnings, respectively, reflecting the plaintiff's age, employment history, and life...

Citation
[2020] ZAKZPHC 45
Parties
Plaintiff: Carol de Swardt; Defendant: Member of the Executive Council for Health, KwaZulu-Natal Province
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
11 June 2020
Case Number
2813/2014P
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Judgment for the plaintiff; quantum determined and orders made for payment of damages and costs.
Judges
Chetty
Legal Topics
Medical Negligence, Quantum of Damages, Loss of Earnings, General Damages, Contingency Deductions, Expert Evidence
Delict Civil Procedure Family and Children Medical Negligence Quantum of Damages Loss of Earnings General Damages Contingency Deductions +1 more

Case Brief

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Parties

Carol de Swardt

Plaintiff

Member of the Executive Council for Health, KwaZulu-Natal Province

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries resulting from medical negligence.
  2. 2 Should contingencies be applied to the plaintiff's claims for future medical expenses and loss of earnings, and if so, at what rate.
  3. 3 What is a fair and reasonable amount for general damages given the plaintiff's pain, suffering, and loss of amenities of life.

Ratio Decidendi

The court found that the plaintiff suffered severe and irreversible injuries due to the negligent administration of radiation therapy by medical practitioners at Grey's Hospital, resulting in pain, suffering, and amputation. Liability was conceded by the defendant, and the trial proceeded solely on quantum. The court considered joint expert minutes and actuarial reports, noting that the amounts claimed had already been reduced through expert compromise. In determining quantum, the court applied a 5% contingency to future medical expenses and 7% and 9% contingencies to pre- and post-morbid loss of earnings, respectively, reflecting the plaintiff's age, employment history, and life...

Court Disposition

Judgment for the plaintiff; quantum determined and orders made for payment of damages and costs.

Orders

  • The defendant must pay the plaintiff R4,307,994.55 within 60 days; interest at the prescribed rate applies if payment is late.
  • The defendant must pay the plaintiff's taxed or agreed costs on a party and party scale, including reasonable and necessary costs of consultations with listed expert witnesses.