Mhlatshana v Member of Executive Council for Health Eastern Cape Province (1433/2015)
Mhlatshana v Member of Executive Council for Health Eastern Cape Province (1433/2015) [2024] ZAECMHC 19 (18 March 2024)
The plaintiff discharged the onus of proving the need and quantum for future caregiver support, domestic and auxiliary services, and transportation expenses. The defendant's public healthcare defence failed due to lack of cogent evidence that equivalent services would be available at the requisite standard and cost in the public sector. The state's proposed system for caregiver provision was vague, untested, and lacked operational detail, failing to meet the threshold required by law. The court declined to develop the common law as requested by the defendant, finding that the plaintiff is ent…
Source excerpt
- Public Healthcare Defence
- Quantum Of Damages
- Future Medical Expenses
- Constitutional Right To Healthcare
- Caregiver Support
- Once And For All Rule