Member of the Executive Council for Health - KwaZulu-Natal v Z.N (supplementary judgment) (AR23/2024) [2025] ZAKZPHC 32 (28 March 2025)

Member of the Executive Council for Health - KwaZulu-Natal v Z.N (supplementary judgment) (AR23/2024) [2025] ZAKZPHC 32 (28 March 2025)

The court confirmed that the respondent's minor child suffered cerebral palsy due to admitted medical negligence by the appellant's servants. The appeal was limited to the quantum of damages, specifically future medical and related expenses. The court accepted actuarial recalculations for certain heads of damages,...

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Citation
[2025] ZAKZPHC 32
Parties
Appellant: Member of the Executive Council for Health - KwaZulu-Natal; Respondent: Z[...] N[...]
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
28 March 2025
Case Number
AR23/2024
Procedural Posture
Civil Appeal / Supplementary Judgment After Appeal Disposition
Outcome
Supplementary judgment issued; paragraph 1 of the trial court's order replaced to reflect recalculated damages. Costs of further actuarial calculations to be borne equally by the parties.
Judges
Mossop, Mlaba, Jikela
Legal Topics
Medical Negligence, Quantum of Damages, Cerebral Palsy, Future Medical Expenses, Contingency Deduction
Delict Civil Procedure Medical Negligence Quantum of Damages Cerebral Palsy Future Medical Expenses Contingency Deduction

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Parties

Member of the Executive Council for Health - KwaZulu-Natal

Appellant

Z[...] N[...]

Respondent

Procedural Posture

Civil Appeal / Supplementary Judgment After Appeal Disposition

Legal Issues

  1. 1 What is the correct quantum of damages payable to the respondent for the minor child's injuries resulting from medical negligence.
  2. 2 How should future medical and related expenses be calculated and adjusted following actuarial input.
  3. 3 What is the appropriate contingency deduction to apply to future medical expenses.

Ratio Decidendi

The court confirmed that the respondent's minor child suffered cerebral palsy due to admitted medical negligence by the appellant's servants. The appeal was limited to the quantum of damages, specifically future medical and related expenses. The court accepted actuarial recalculations for certain heads of damages, resulting in a revised total for future medical expenses. A contingency deduction of 20 percent was applied, as previously ordered by the court, rather than the 10 percent used by the trial judge. The uncontested awards for general damages and future loss of earnings were added to the revised medical expenses. Trust administration costs and past medical expenses were also...

Court Disposition

Supplementary judgment issued; paragraph 1 of the trial court's order replaced to reflect recalculated damages. Costs of further actuarial calculations to be borne equally by the parties.

Orders

  • This order is to be read in conjunction with the order handed down on 7 March 2025.
  • Paragraph 1 of the order of ZP Nkosi J, delivered on 3 November 2022, is replaced with the revised calculation of damages as set out in the supplementary judgment.