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Gxigxi v Mec for Health, Eastern Cape Provincial Government (664/2017) [2019] ZAECBHC 13 (19 June 2019)
The High Court upheld an exception in part, finding the pleading failed to allege a causal link between alleged negligence and damages in a medical-negligence claim.
Zondo v MEC for Health of the Gauteng Provincial Government (25644/2014) [2016] ZAGPJHC 243 (2 September 2016)
The court held that the claims for future medical expenses and future loss of earnings are, as established in Van Gool, claims of the minor child and not of the parents. The minor, represented by the plaintiff as guardian, is entitled to claim compensation for patrimonial loss resulting from the alleged negligence. The principle in Van Gool is binding and has not been overruled. Prescription does not affect the minor's claims until a year after majority is attained. The defendant's proposed amendment to introduce a prescription defence is therefore unsustainable and must be refused. The plain…
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