Mohlaole johannes gwambe
Download 0.76 Mb.
|
- Navigate this page:
- JUDGMENT GURA J INTRODUCTION
|
NORTH WEST HIGH COURT, MAFIKENG CASE NO.: 43/2007 In the matter between:- THAPELO ALPHONSINA GWAMBE (nee TSHABALALA) 1st Plaintiff MOHLAOLE JOHANNES GWAMBE 2ndPlaintiff and PREMIER OF THE NORTH WEST PROVINCE Defendant JUDGMENT GURA J INTRODUCTION [1] The plaintiffs, being the natural parents of M R P T (M) who was born on 02 July, claim damages from the defendant due to the negligence of Dr L of Klerksdorp Hospital. This claim is a sequel to the events of 02 July 1995 when Dr L directed that M be delivered through the normal method of delivery when it was not safe to do so because she had to be delivered through caesarean procedure. As a result of Dr L’s negligence M has been rendered a spastic quadriplegic with severe deficits in the cognitive ability and growth. [2] The plaintiffs claim the damages as set out hereunder. 2.1 Future hospital medical and related expenses R15 402 712.00 2.2 Future loss of earnings/earning capacity R 1 268 659.00 2.3 General damages for pain, suffering, discomfort, R 600 000.00 loss of amenities of life, psychological shock and trauma [3] At the commencement of the trial, negligence was conceded by the defendant and the court was called upon to determine quantum only. After all the evidence was led, and during argument, defendant conceded the claim for general damages in full. THE ISSUES [4] The dispute revolves around the following: 4.1 M’s life expectancy 4.2 Loss of earning capacity 4.3 All matters listed in annexure Z2 4.4 Whether or not defendant should be ordered to render treatment or medical procedures and services to the Gwambe family at its public hospitals in lieu of payment (see Annexure Z3) 4.5 Wasted costs for 7 December 2009 Directory: cases -> ZANWHC ZANWHC -> The state respondent full bench appeal hendricks j, gura j cases -> Mphetheng lucas rantso cases -> In the high court of south africa gauteng local division, johannesburg cases -> In the high court of south africa (witwatersrand local division) case no 24286/08 cases -> Durban and coast local division ZANWHC -> Criminal appeal ZANWHC -> Civil matter date of hearing ZANWHC -> The state respondent full bench appeal hendricks j, gura j ZANWHC -> In the high court of south africa ZANWHC -> North west provincial division, mahikeng Download 0.76 Mb. Share with your friends:
|