Dutton - Medical Malpractice in SA

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Medical Malpractice in South African Law
6.4 implanted a prosthesis which was larger than the one agreed upon with
the plaintiff; 6 and/or
6.5 [further grounds of breach/negligence].
7. The defendant’s conduct as set out in paragraphs 6.1. to 6.5 caused necrosis
of the tissue in the region of the plaintiff’s areolae, 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 treatment [details of damages as required by the relevant rules of court]; 8
and/or
7.3 suffered general damages [details].
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 paragraphs 4.13–4.14.
7
See ch 5 above and, regarding factual causation, esp para 5.2.
8
See ch 3 above and esp paras 3.9–3.10 and 3.17–3.18.