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Dutton - Medical Malpractice in SA

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Medical Malpractice in South African Law

7. The defendant’s conduct as set out in paragraphs 6.1. to 6.3 caused 6 the

plaintiff to sustain radiographic burns, 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]; 7

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]; and/or

7.3 [further injuries]

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

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

7

See ch 3 above and esp paras 3.17 and 3.18.

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