KEY POINTS
- A higher court decreased the R28.8 million damages for a child with cerebral palsy because medical costs were overestimated.
- The health department received approval to eliminate R4.8 million from funding for experimental medicine.
- The experts need to reevaluate the compensation amount until the court makes its last decision.
A South African appeals court decreased the damages amount the health department of KwaZulu-Natal must pay to the mother of a child with cerebral palsy and will save the department money.
At first the department needed to pay R28.8 million but a 3-judge panel agreed that this amount was too much.
Dispute over damages
A mother from KZN sued her state health department in court after her child developed cerebral palsy at the young age of nine due to hospital medical errors.
The public department admitted guilt but fought the decision of paying an excessive amount despite acknowledging its responsibility. It suggested reducing the damages to R13.7 million despite the initial damage order of R28.8 million.
The doctors assigned R21.2 million out of the total award to pay for future medical treatments of the child. The health department believed that the calculated amount of over nine million rand grossly overstated the true costs of medical care, asking appeal court to reduces damages for cerebral palsy victim’s family. .
Controversy over medical costs
Doctor recommended VitalStim merits usage to help swallowing difficulties as a symptom of cerebral palsy patients yet the health department disputes the R4.8 million allocation. The court of appeals excluded VitalStim reimbursement from compensation since it is still experimental and has official potential side effects.
The health department disputed several budget items the trial court approved including medical supplies and infant diapers because the judge had assigned unrealistic figures.
Court orders reassessment
The appeal judges instructed professional experts to reevaluate damages and modify them based on proper criteria. After receiving the expert evaluations the court will create a new compensation plan.
The three judges who heard the case used an 80-year-old rule as their basis because it explains why hurting feelings is hard to put a precise price on. Judges urged their colleagues to prevent overestimates of future requirements at this time.
These decisions show how existing laws need ongoing updating to manage medical negligence payments fairly between patients and hospitalsm therefore appeal court reduces damages for cerebral palsy victim’s family.
