Van Den Berg v Member of the Executive Council for the Department of Health: North West Province (1098/2018) [2024] ZANWHC 164 (7 June 2024)

Van Den Berg v Member of the Executive Council for the Department of Health: North West Province (1098/2018) [2024] ZANWHC 164 (7 June 2024)

The court found that the plaintiff suffered significant pain, permanent impairment, and loss of earnings due to the negligent hip replacement surgery performed by the defendant's agents. The expert evidence established the need for future revision surgery, ongoing psychological and occupational therapy, and justified the claimed expenses. The parties agreed on the quantum for loss of earnings, general damages, and future medical expenses, which the court found fair and reasonable. The court rejected the plaintiff's argument for costs on scale C, finding the matter not unusually complex, and awarded costs on scale B. The defendant was ordered to pay the agreed damages and costs, with...

Citation
[2024] ZANWHC 164
Parties
Plaintiff: Van Den Berg Raphael Vivian; Defendant: Member of the Executive Council for the Department of Health: North West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
7 June 2024
Case Number
1098/2018
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff's claim for damages is upheld; defendant ordered to pay agreed quantum and costs.
Judges
J T Djaje
Legal Topics
Medical Negligence, Quantum of Damages, Loss of Earnings, General Damages, Expert Evidence, Costs Award
Delict Civil Procedure Family and Children Medical Negligence Quantum of Damages Loss of Earnings General Damages Expert Evidence +1 more

Case Brief

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Parties

Van Den Berg Raphael Vivian

Plaintiff

Member of the Executive Council for the Department of Health: North West Province

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 Whether the quantum of damages claimed by the plaintiff for medical negligence is fair and reasonable.
  2. 2 Whether the plaintiff is entitled to compensation for loss of earnings, general damages, and future medical expenses.
  3. 3 Whether the costs should be awarded on scale B or C.

Ratio Decidendi

The court found that the plaintiff suffered significant pain, permanent impairment, and loss of earnings due to the negligent hip replacement surgery performed by the defendant's agents. The expert evidence established the need for future revision surgery, ongoing psychological and occupational therapy, and justified the claimed expenses. The parties agreed on the quantum for loss of earnings, general damages, and future medical expenses, which the court found fair and reasonable. The court rejected the plaintiff's argument for costs on scale C, finding the matter not unusually complex, and awarded costs on scale B. The defendant was ordered to pay the agreed damages and costs, with...

Court Disposition

Plaintiff's claim for damages is upheld; defendant ordered to pay agreed quantum and costs.

Orders

  • The defendant is ordered to pay the plaintiff R2,865,078.00 in full and final settlement within 30 days, failing which interest shall accrue from 31 days after the order until payment.
  • The defendant shall pay the plaintiff's taxed or agreed party and party costs on the High Court scale B, including specified expert and counsel costs, as detailed in the order.