C.P.K and Others v Mackenzie and Others (3572/2021)
C.P.K and Others v Mackenzie and Others (3572/2021) [2022] ZAECMKHC 96 (1 November 2022)
The court held that Rule 36(4) permits a party to request medical records relevant to the assessment of damages, but does not authorize inspection of all records nor carte blanche access to records irrespective of relevance. The notices issued by the respondents were overbroad, seeking all medical records without limitation to relevance or time period, and thus infringed the applicants' and the deceased's rights to privacy and dignity. The rule does not provide for inspection, only for making available records that are relevant and accessible. The court found that the applicants' objections w…
Source excerpt
- Uniform Rule 36 4
- Medical Records Disclosure
- Privacy And Dignity
- Damages Assessment
- Procedural Irregularity