South Africa Case Law

R.S.M v Road Accident Fund (A137/2018)

R.S.M v Road Accident Fund (A137/2018) [2023] ZAGPPHC 641 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

A137/2018

Judges

Munzhelele, Van der Schyff, Millar

The appeal court found that the court a quo did not err in its determination of the quantum of general damages. The evidence did not establish that the appellant suffered a head or brain injury with sequelae attributable to the collision, given the contradictory versions and pre-existing conditions. The court a quo correctly focused on the orthopaedic injuries and their sequelae, including the above-knee amputation and associated fractures and scarring. The award of R900,000.00 was not a striking disparity or substantial variation from what would be appropriate in the circumstances, and there…

Source excerpt

• Road Accident Fund Act
• General Damages
• Quantum Of Damages
• Personal Injury
• Amputation
• Psychiatric Injury

T.L.M v MEC for Health and Social Development, Gauteng Province (39328/2019)

T.L.M v MEC for Health and Social Development, Gauteng Province (39328/2019) [2023] ZAGPJHC 442 (9 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39328/2019

Judge

S D J Wilson

The court found the hospital negligently delayed treating a popliteal artery occlusion, causing the plaintiff’s leg amputation. The MEC was liable for 100% of proven damages.

• Medical Negligence
• Causation
• Hospital Liability
• Quantification Of Damages
• Medical-negligence
• Hospital-liability

Zonele v Member of the Executive Council of the Department of Health of the Eastern Cape Government Bhisho (241/2012)

Zonele v Member of the Executive Council of the Department of Health of the Eastern Cape Government Bhisho (241/2012) [2014] ZAECBHC 17 (23 December 2014)

Court

Eastern Cape High Court, Bhisho

Case number

241/2012

Judge

M Roberson

The court found, on the probabilities, that antibiotics were not administered at Grey Hospital and that the clinical records and referral notes were silent on this crucial aspect. The evidence of the medical personnel was found to be unreliable and likely fabricated to protect the defendant. At Frere Hospital, antibiotics were only administered on the morning of 19 August 2010, well outside the critical window for effective infection prevention. Furthermore, the necessary re-debridement was not performed in time, despite clear indications and consent obtained for surgery. The failure to adher…

Source excerpt

• Medical Negligence
• Hospital Liability
• Standard Of Care
• Causation
• Personal Injury
• Amputation

Msiza v Road Accident Fund (30118/2011)

Msiza v Road Accident Fund (30118/2011) [2014] ZAGPPHC 27 (19 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

30118/2011

Judge

Mogotsi

High Court quantum judgment awarding R700,000 in general damages to a seriously injured bus passenger after a collision caused amputation, pain, and permanent disability.

• Road Accident Fund Act
• Personal Injury
• General Damages
• Quantum Of Damages
• Amputation
• Pain And Suffering

Swan v MEC for the Department of Transport, Kwazulu-Natal Province and Another (7000/2001)

Swan v MEC for the Department of Transport, Kwazulu-Natal Province and Another (7000/2001) [2011] ZAKZDHC 59 (29 November 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

7000/2001

Judge

Van Zyl

High Court damages award for motorcycle injuries, including finger amputation, whiplash, shoulder and knee complaints, and future medical costs.

• Personal Injury
• Quantification Of Damages
• Future Medical Expenses
• General Damages
• Personal-injury
• Quantum-of-damages