Dutton - Medical Malpractice in SA

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Medical Malpractice in South African Law
6.4 [further grounds of breach/negligence]. 6
7. The defendant’s conduct as set out in paragraphs 6.1. to 6.4 caused 7 the
proper treatment of the plaintiff’s wrist to be delayed by three weeks, as a
result of which the plaintiff:
7.1 experienced temporary pain and suffering and 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 a second opinion and 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 …]
6
The allegations in this paragraph establish the conduct on the part of the defendant. In this
regard see paras 4.13–4.14 above.
7
See ch 4 above and, regarding factual causation, esp para 4.2.
8
See ch 3 above, esp paras 3.17 and 3.18.
9
See ch 3 above, esp paras 3.9 and 3.10.