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South Africa Case Law

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Delict [2024] ZAECMHC 19

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)

Court
Eastern Cape High Court, Mthatha
Case number
1433/2015
Judge
Govindjee

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
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Delict [2015] ZAGPJHC 141

T obo T v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (28471/2012)

T obo T v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (28471/2012) [2015] ZAGPJHC 141 (16 July 2015)

Court
South Gauteng High Court, Johannesburg
Case number
28471/2012
Judge
Twala

The court found that the plaintiff had proven the quantum of damages necessary for the minor child's future medical and related needs, based on expert evidence and joint minutes. The defendant's argument that the plaintiff should mitigate damages by relying on state facilities was rejected, as it would be unreasonable and contrary to the interests of finality in litigation. The court held that the defendant cannot dictate the form of compensation and must pay proven damages. The court also rejected the defendant's plea to exclude future medical expenses from the contingency fee agreement, fin…

Source excerpt

  • Medical Negligence
  • Quantum Of Damages
  • Contingency Fee Agreement
  • Appointment Of Curator Bonis
  • Mitigation Of Damage
  • Constitutional Right To Healthcare
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.