Landmark victory for mom in R23m lawsuit against government

THE mother of a child born with cerebral palsy due to the negligence of hospital staff, has won her longstanding legal battle for the Eastern Cape health department to pay her lump-sum damages, rather than to substitute some of the damages by providing future medical care.

- ZELDA VENTER

She had turned to the Supreme Court of Appeal against an order issued earlier by the Eastern Cape High Court, which allowed for some of the damages to be substituted by medical services.

The mother instituted a R23 million damages claim against the provincial health department, with the latter conceding liability. The only issue which served before the high court concerned the appropriate form of compensation for future medical care and related needs.

The amounts payable for general damages, future loss of earnings, and the costs of an adapted vehicle were agreed on. The MEC, however, asked that the common law be developed to permit the State to provide future medical care instead of allocating an amount in this regard.

Various experts testified for the State, including one who testified that the department had settled claims totalling R3,462 billion between April 2014 and March 31, 2021. These funds are not budgeted for, and the department had to utilise budgeted funds under its various programmes to comply with court orders and settlements, it was stated.