- The North West Health Department must pay Lebogang Bosten Mosinki R1,827,862.90 for damages caused by negligent treatment at Bophelong Provincial Hospital.
- Judge AH Petersen found that the treatment left Mosinki with a virtually immobile knee, chronic pain and permanent dependence on two crutches.
- The award includes R1.085 million for past and future loss of earnings, R242,774 for future medical and related expenses, and R500,000 in general damages.
A self-employed builder who suffered a fractured kneecap has been awarded more than R1.8 million after negligent hospital treatment left him permanently disabled and unable to earn an income.
Judge AH Petersen of the High Court in Mahikeng ordered the MEC for Health and Social Development in the North West to pay Lebogang Bosten Mosinki R1,827,862.90 in damages.
The department argued that Mosinki’s pre-existing health conditions and irregular earnings reduced the value of his claim and disputed that all damages were a result of the hospital’s conduct. However, the court found the hospital’s delays and failures in care directly caused Mosinki’s permanent disability and loss of earning capacity.
The judgment, delivered on 28 October 2026, determined the amount of compensation payable after a prior ruling had already found the department 100% liable for Mosinki’s proven or agreed damages. The earlier liability judgment was handed down on 24 January 2025.
Eleven-week delay in surgery
Mosinki injured his left knee in Mafikeng on or about 18 September 2018, at age 43. He was admitted to Bophelong Provincial Hospital the following day and diagnosed with a fractured patella.
The hospital treated the fracture conservatively until surgery was finally performed on 3 December 2018, some 11 weeks after the injury. The court found that medical staff negligently failed to operate within the medically acceptable period of one week.
Surgical treatment was also substandard. The two vertical K-wires used to stabilise the fracture were not properly connected with a tension band, and adequate pre- and post-operative physiotherapy was not provided.
The consequences were severe and permanent. Mosinki was left with a virtually immobile knee, movement restricted to between zero and 10 degrees, persistent pain and swelling, muscle wasting in his left thigh, and venous congestion after a probable deep-vein thrombosis.
He developed a permanently altered gait, became dependent on two crutches, and experienced mild cognitive impairment and psychosocial consequences. His disability resulted in a permanent loss of his previous quality of life.
Both orthopaedic surgeons who assessed him agreed the fracture had been poorly reduced, the internal fixation was an impediment requiring removal, and that the treatment at Mafikeng was “unacceptable and substandard”.
Pre-existing health problems affected earnings assessment
Mosinki’s claim included compensation for past and future loss of earnings and earning capacity. He had worked as a self-employed builder since 1995, but his informal business made it difficult to verify his actual income before the injury.
His evidence on earnings varied. He told the court his share from building projects was generally between R5,000 and R10,000, and sometimes could reach R15,000, but the money earned on projects was shared with others. No invoices, bank statements, tax records or written agreements were produced to prove his personal earnings.
A witness who had engaged Mosinki for construction work confirmed he earned income before the injury, but did not establish the higher amounts claimed.
Judge Petersen also considered Mosinki’s pre-existing health conditions. He had been diagnosed with HIV in 2010, had a history of tuberculosis, and received a disability grant from 2010 to 2015. He applied for grant forms again in 2017, before the knee injury, and fatigue had already affected his ability to complete work.
Expert evidence established these conditions had already compromised his physical capacity. The judge therefore accounted for the risk that Mosinki’s working life might have been interrupted even without the knee injury.
The court accepted an actuarial earnings base of R66,250 a year in 2018 values. The calculation produced a combined past and future loss of earnings figure of R1,550,127 before a further deduction.
Judge Petersen applied a 30% deduction to account for uncertainty about Mosinki’s actual income and the risk posed by his pre-existing health conditions. The final award for past and future loss of earnings and earning capacity was R1,085,088.90.
Industrial psychologists agreed Mosinki’s earnings after the incident were nil and that his remaining earning capacity had been extinguished by the injury and its negligent treatment.
R500,000 awarded for pain and permanent disability
The court awarded R242,774 for future medical and related expenses, including provision for further surgery, conservative treatment and occupational-therapy costs.
The orthopaedic surgeons disagreed about likely future treatment costs. Judge Petersen adopted the lower estimate supported by the department’s expert, finding insufficient evidence to justify higher figures advanced by Mosinki’s surgeon.
The judge declined to make a separate award for lifelong domestic and personal assistance. The occupational therapists’ joint minute did not support lifelong care on the terms claimed.
For general damages, the court considered the severity of Mosinki’s permanent knee impairment, prolonged pain, dependence on crutches and loss of amenities of life. Comparable awards for serious knee and lower-limb injuries provided guidance but were not treated as fixed tariffs.
Judge Petersen awarded R500,000 in general damages, taking into account the profound loss of knee function while recognising Mosinki’s pre-existing limitations.
The court did not award the R150,000 claimed for past hospital and medical expenses. That claim was not pursued as an issue at trial, and no invoices, vouchers, proof of payment or other evidence establishing the expenditure had been placed before the court.
Department must pay interest and legal costs
The total award is R1,827,862.90, comprising R1,085,088.90 for past and future loss of earnings and earning capacity, R242,774 for future medical and related expenses, and R500,000 in general damages.
Judge Petersen ordered the department to pay interest at the prescribed rate from 28 October 2026 until final payment. The department must also pay Mosinki’s legal costs on the party-and-party scale, including counsel’s fees on Scale C and the reasonable qualifying fees of specified medical, occupational-therapy, industrial-psychology and actuarial experts.
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