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Personal Injury

The Road Accident Fund

By General News Published on Thursday, 22 June 2017
Litigation Motor Vehicles Personal Injury Law
The Road Accident Fund is a state-supported insurance fund that provides cover to all road users in South Africa in the event of a road accident. If someone is injured or killed in a motor vehicle accident because one of the drivers was negligent, they or their loved ones can lodge a claim with the Road Accident Fund (RAF). This means that even if the driver of the car doesn't have insurance, people injured in the accident (or the loved ones of people killed in the accident) can get money from the fund to help pay medical expenses and to compensate for wages they may have lost as a result of the accident.

Court papers reveal divisions at the RAF

The chairperson of the cash-strapped Road Accident Fund is said to have pushed for a ‘consolation prize’ candidate who ‘lacks technical skill’ to head up the organisation rather than a higher scoring candidate who he felt was ‘too strong’. Chairman Ntuthuko Bhengu is also accused in court papers of making unilateral decisions without input from board members‚ in the latest controversy to rock the beleaguered fund, notes a TimesLIVE report.

Netcare liable for botched eye surgery claim

By Juta and Company (Pty) Ltd Published on Tuesday, 06 June 2017
Litigation Personal Injury Law
Netcare Ltd is being sued for the damages suffered by a patient who was allegedly operated on with non-sterile equipment at the Netcare Pretoria East Hospital. Beeld reports that Susanna Botha (64), a nurse, will be able to push ahead with her R2.6m claim for allegedly botched eye surgery following the the Gauteng High Court (Pretoria) ruling. According to court papers, Botha suffered extensive visual impairment.

Another police vicarious liability case at ConCourt

The question of whether the Minister of Police can be held vicariously liable for a reservist in uniform who shot his girlfriend at dinner is to be heard by the Constitutional Court in August, according to a TimesLIVE report. Twice before the court has dealt with police criminality. In 2005 it held that the Minister was vicariously liable for the actions of three on-duty policemen who raped a stranded 20-year-old woman. And in 2011 the Minister was held vicariously liable for damages after the brutal rape of a 13-year-old by a policeman on standby duty.

Severely injured passenger gets R5.4m from RAF

A man who was a passenger in a car crash is to get about R5.4m from the Road Accident Fund, says a Netwerk24 report. Gerhardus Johannes Brits (28) sustained severe brain injuries and several facial fractures when the bakkie crashed into the back of another vehicle and he was thrown through the windscreen. He had claimed R9.2m from the fund.

Contravening the Domestic Violence Act

By Du Toit Attorneys Published on Friday, 19 May 2017
Criminal Law Family Law Personal Injury Law
It is a common occurrence in our Courts when that parties separate they often require domestic violence orders against one another.  These domestic violence orders usually prohibits or permits certain actions from either party and should these provisions in the so-called interdicts be beached, the aggrieved party would of course be able to approach the local police station for the offender to be arrested. 

Facebook Defamation

By Du Toit Attorneys Published on Friday, 19 May 2017
Criminal Law Litigation Personal Injury Law
Many people are of the view that what they write on Facebook of course has no consequences and accordingly they often make comments about individuals thinking that these platforms are safe to do so. That is off course not true.

Mother to get R18m for brain-damaged son

The MEC for Health has to pay R18.2m in damages to a mother whose son was born more than 10 years ago with severe brain damage as a result of lack of oxygen. A Pretoria News report says Jessie Makhoba initially claimed more than R26m in damages in the Gauteng High Court (Pretoria) following the negligence of the staff and doctors at the Pholosong Hospital in Brakpan.

Medical negligence victims urged to avoid lawyers

By Juta and Company (Pty) Ltd Published on Thursday, 20 April 2017
Litigation Personal Injury Law
KZN Health MEC Sibongiseni Dhlomo has pleaded with victims of medical negligence to accept special public medical attention rather than allowing themselves to be used by lawyers to sue the department, says a report in The Mercury. The department is to date expected to pay about R241m for legal claims. Last year, it was reported that it was defending claims amounting to R10bn.

Hospital unable to prove doctor was negligent

By Juta and Company (Pty) Ltd Published on Tuesday, 18 April 2017
Litigation Personal Injury Law
The spotlight had been thrown on the legal duty of doctors who cover for each other following a recent KZN High Court (Durban) judgment dealing with medical negligence, notes a report in The Mercury. In the case, Judge Johan Ploos van Amstel ruled that Dr Abdool Suliman could not be found responsible for birth defects suffered by a baby after being deprived of oxygen while his mother was in labour.

R1m damages for wrongful arrest and detention

Ishmael Mbanjwa (29) – arrested for ‘being part of the gang' that robbed The Carousel Casino in November 2005 – will receive just more than R1m in damages from the police for wrongful arrest. A Pretoria News report says Mbanjwa instituted a R1.2m claim against the police after he was locked up for five months in prison.

Cyclists wins R4m damages

By Juta and Company (Pty) Ltd Published on Wednesday, 29 March 2017
Litigation Motor Vehicles Personal Injury Law
Port Elizabeth cyclist Christian Moolman (59) – who suffered severe and debilitating injuries after an unknown vehicle, presumably a truck, crashed into him in November 2013 – has been awarded more than R4m in damages. The Herald reports in addition, the Eastern Cape High Court (Port Elizabeth) ordered the RAF to foot the bill for Moolman’s legal fees, as well as give an undertaking that it would pay any future medical bills or future accommodation in a nursing home.

LSSA rejects medical negligence claims allegations

The Law Society of SA (LSSA) is concerned at allegations made against attorneys at last week’s joint sitting of Parliament’s Appropriations and the Health Committees, and is seeking a meeting with the committees to discuss what it claims are unsubstantiated and sensationalist allegations with regard to medical negligence claims.

Court relies on precedents stretching back to 1800s

Two cases from the 1800s – one involving a stolen ostrich and one a borrowed horse that fell into one of Grahamstown’s potholes – have established that you can sue for damages even when driving a vehicle not belonging to you, says a Daily Dispatch report.

Woman sues hospital after slipping on oil

By Juta and Company (Pty) Ltd Published on Wednesday, 08 March 2017
Personal Injury Law
A complaint about a noisy toilet door in a ward at Unitas Hospital in Centurion came back to haunt a woman who slipped on the oil used by maintenance staff on the creaking hinges. Lizle Meyer (38), of Centurion, slipped and fell later that afternoon when she went to the bathroom.

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