T.N.N obo N.A.N v MEC for Health, Gauteng (80010/17) [2023] ZAGPPHC 1177 (11 September 2023)

T.N.N obo N.A.N v MEC for Health, Gauteng (80010/17) [2023] ZAGPPHC 1177 (11 September 2023)

The court found that the quantum of damages proposed by the plaintiff, totaling R12,777,819, was fair and reasonable, supported by expert evidence, joint minutes, and actuarial calculations. The defendant did not dispute the quantum and accepted the reasonableness of the draft order. The trust arrangements for protection of the award were found to be appropriate and compliant with legal requirements, following amendments made in response to the court's queries. The contingency fee agreement was also found to conform with prescribed requirements. The court endorsed the parties' approach and granted the order as proposed, including the costs order and the incorporation of a Deed of Trust...

Citation
[2023] ZAGPPHC 1177
Parties
Plaintiff: T.N.N obo N.A.N; Defendant: MEC for Health, Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 September 2023
Case Number
80010/17
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff's claim for damages is granted in the total amount of R12,777,819, with orders for protection of the award and costs as sought.
Judges
Cowen
Legal Topics
Medical Negligence, Quantum of Damages, Personal Injury Awards, Trust Protection of Award
Delict Civil Procedure Family and Children Medical Negligence Quantum of Damages Personal Injury Awards Trust Protection of Award

Case Brief

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Parties

T.N.N obo N.A.N

Plaintiff

MEC for Health, Gauteng

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 What is the fair and reasonable quantum of damages to be awarded for the plaintiff's daughter's blindness caused by medical negligence.
  2. 2 Are the proposed trust arrangements for protection of the award appropriate and compliant with legal requirements.
  3. 3 Should the costs order sought by the plaintiff be granted.

Ratio Decidendi

The court found that the quantum of damages proposed by the plaintiff, totaling R12,777,819, was fair and reasonable, supported by expert evidence, joint minutes, and actuarial calculations. The defendant did not dispute the quantum and accepted the reasonableness of the draft order. The trust arrangements for protection of the award were found to be appropriate and compliant with legal requirements, following amendments made in response to the court's queries. The contingency fee agreement was also found to conform with prescribed requirements. The court endorsed the parties' approach and granted the order as proposed, including the costs order and the incorporation of a Deed of Trust...

Court Disposition

Plaintiff's claim for damages is granted in the total amount of R12,777,819, with orders for protection of the award and costs as sought.

Orders

  • The defendant is ordered to pay the plaintiff R12,777,819, comprising past expenditure, compensation for caregiving, future medical costs, loss of earning capacity, general damages, and costs for protection of the award.
  • The award is to be protected by a Deed of Trust as incorporated in the order.