Judgement raises questions on damages

IN A ground-breaking judgment regarding general damages to be paid by the health authorities as compensation for an “unconscious claimant”, the Supreme Court of Appeal ruled that such a claimant was not entitled to any award for pain and suffering.

- ZELDA VENTER

This ruling was made in a case where a mother whose child was born with cerebral palsy and was awarded R2.2 million in general for her child.

The child suffered a severe brain injury at birth due to the negligence at a Gauteng hospital. The child, represented by his mother, was awarded R13.3m in damages to make his life a bit easier by getting special aids and devices to cope with his needs.