M obo M v Member of the executive Council of the Department of Health, North West Province (70876/10) [2015] ZAGPPHC 1137 (5 June 2015)

M obo M v Member of the executive Council of the Department of Health, North West Province (70876/10) [2015] ZAGPPHC 1137 (5 June 2015)

The court found, on the balance of probabilities and based on compelling expert evidence, that the minor suffered a diffuse brain injury due to hypoxia at birth, in addition to the brachial plexus injury. The evidence established significant cognitive, emotional, and physical deficits, which will adversely affect the minor's educational attainment and employability. The court accepted the actuarial calculations for loss of earnings, applying a 20% contingency for general uncertainties and a further 10% for residual earning capacity. The court determined that the minor is functionally unemployable and will require ongoing medical and remedial support. The quantum for future medical...

Citation
[2015] ZAGPPHC 1137
Parties
Plaintiff: D E M. obo K. O M.; Defendant: Member of the Executive Council of the Department of Health, North West Province
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 June 2015
Case Number
70876/10
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for damages is upheld. Defendant ordered to pay R5,647,274.00 to the plaintiff for the benefit of the minor, less interim payments and specified deductions. Costs awarded to plaintiff, including costs of experts and trust establishment.
Judges
A.C. Basson
Legal Topics
Medical Negligence, Birth Injury, Loss of Earnings, General Damages, Trust Creation for Minor, Contingency Fee Agreement
Delict Civil Procedure Family and Children Medical Negligence Birth Injury Loss of Earnings General Damages Trust Creation for Minor +1 more

Case Brief

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Parties

D E M. obo K. O M.

Plaintiff

Member of the Executive Council of the Department of Health, North West Province

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 Whether the plaintiff proved that the minor suffered a diffuse brain injury due to hypoxia at birth.
  2. 2 What is the appropriate quantum of damages for future medical expenses, loss of earnings, and general damages.
  3. 3 Whether the creation of a trust for the benefit of the minor is warranted.

Ratio Decidendi

The court found, on the balance of probabilities and based on compelling expert evidence, that the minor suffered a diffuse brain injury due to hypoxia at birth, in addition to the brachial plexus injury. The evidence established significant cognitive, emotional, and physical deficits, which will adversely affect the minor's educational attainment and employability. The court accepted the actuarial calculations for loss of earnings, applying a 20% contingency for general uncertainties and a further 10% for residual earning capacity. The court determined that the minor is functionally unemployable and will require ongoing medical and remedial support. The quantum for future medical...

Court Disposition

Plaintiff's claim for damages is upheld. Defendant ordered to pay R5,647,274.00 to the plaintiff for the benefit of the minor, less interim payments and specified deductions. Costs awarded to plaintiff, including costs of experts and trust establishment.

Orders

  • The defendant is ordered to pay the plaintiff, for the benefit of K. O. M., R5,647,274.00.
  • The amount awarded takes into account the interim payment of R1,500,000.00 already made.