The Northern Cape Division of the High Court has awarded R19,117,017.42 to the estate of a late patient who suffered cerebral palsy due to medical negligence at birth.
The case, spanning over a decade, stems from alleged medical negligence during the child’s birth on 11 July 2011, when healthcare providers linked to the Northern Cape Department of Health mismanaged critical aspects of labour and delivery.
After securing a merits judgment on 2 November 2015, the mother successfully established liability against the MEC for Health, but prolonged disputes over damages delayed resolution until the 2022 ruling awarding compensation.
Legal battle continues after patient’s death
Despite the child’s passing on 16 June 2024, litigation persisted regarding the enforcement of the cerebral palsy medical negligence damages award. The MEC sought to appeal the payment order, while the mother challenged the costs ruling, arguing that it unfairly burdened the estate.
A key aspect of the case involved a 2019 secret settlement offer, known as a Calderbank offer, where the MEC proposed R18 million to resolve the matter. The mother contended that this offer was reasonable in comparison to the final damages awarded. She argued that the cost order should reflect the delayed resolution caused by unnecessary litigation.
Despite the MEC maintaining its right to defend the claim, the court ruled that cost considerations must factor in efforts to settle disputes efficiently, ensuring plaintiffs are not unfairly burdened.
Legislation and interim enforcement
The judgment examined Section 18 of the Superior Courts Act, which typically suspends decisions pending appeal unless exceptional circumstances are proven. The court emphasised that procedural delays should not prevent access to necessary medical care and financial support, reinforcing the principle that plaintiffs in medical negligence cases should not suffer additional hardship due to prolonged litigation.
In its final decision, the High Court upheld the appeal, ordering interim enforcement of costs on an attorney-and-own-client basis. This ruling establishes a key legal precedent in cerebral palsy medical negligence litigation and shapes future cases involving interim payments, cost enforcement, and judicial expectations for settlement negotiations.
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