13.07.2020 Views

Dutton - Medical Malpractice in SA

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

116

Medical Malpractice in South African Law

7. The defendant’s conduct as set out in paragraphs 6.1. to 6.2 caused 7 the

plaintiff to suffer renal failure which resulted in localised brain damage and

loss of vision, as a result of which the plaintiff:

7.1 experienced permanent loss of the amenities of life [details of damages as

required by the relevant rules of court]; 8

7.2 incurred medical expenses by consulting a private medical practitioner

for treatment [details of damages as required by the relevant rules of court]. 9

8. In the premises the defendant is liable to pay the sum of [quantum] to the

plaintiff.

9. Notwithstanding written demand delivered to the defendant on [details], the

defendant has failed to pay the sum claimed to the plaintiff.

WHEREFORE [etcetera …]

7

See ch 5 above and, regarding factual causation, esp para 5.2.

8

See ch 3 above and esp paras 3.17–3.18.

9

See ch 3 above and esp paras 3.9–3.10.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!