MEDICAL NEGLIGENCE – CORRECTING THE WRONGS OF THE PAST

As you enter the room, you can hear a rugby match is underway. One of the Blue Bulls’ most avid supporters is watching one of his heroes score a try. His eyes and face light up as he moves up and down in his chair, making enthusiastic sounds. When you meet Deswill, (16) his excitement and support for the game of rugby and his beloved team are evident, yet he will never be able to participate in the sport himself. Deswill is propped up in a wheelchair, his neck supported by the backrest of the chair, his hands curled on his lap – he has Cerebral Palsy. I meet his mother while on a trip to Cape Town to have his new wheelchair measured for him. Ancia is 34 and fell pregnant with Deswill when she was a mere 16 years old, a high school scholar in Merweville.

New dreams for possible victim of medical negligence

The day Gershwin Fortune (26) was told that his leg would be amputated, after what seemed to be a mere dislocation, was the day he decided to make the best of the hand that life had dealt him. “Playing rugby has always been my passion”, says the father of 3 who has played this game since the early age of 6. In 2014 he started playing club rugby for Goodwood.

Accidents happen

It was during a friendly game in Greyton on 10 March 2018 that his life changed forever. Shortly after the game commenced at 16:00 he was tackled and broke his leg badly.  The first aider on duty could not assist and an ambulance was called and arrived 30 minutes later. He was then transported to the state hospital in Caledon where he arrived at approximately 17:30. At almost 19:00 that evening he was given a general anaesthetic in order to try and re-align his leg.  He only woke up at about 21:00 that evening to find that his leg was heavily bandaged. He was then told that his leg could not be relocated and that he was being transferred to Worcester hospital for surgery.

Dagga and its effects on driving and road safety

Legalisation of Marijuana

Just when the directives on driving under the influence of alcohol, or any narcotic drug, have justifiably become increasingly stringent in order to prevent unnecessary trauma, damage, and loss of life, the legalisation of marijuana for private use, as was announced by the Constitutional Court on Tuesday, 18 September, has

Road Accident Fund (RAF) versus the Road Accident Benefit Scheme (RABS)

Road Accident Fund Act (RAF)

The Road Accident Fund Act (RAF) No 56 of 1996 still governs accidents that occurred between 1 May 1997 and 31 July 2008 and Amendment Act 19 of 2005 governs accidents that occurred on or after 1 August 2008 to the present day.

The Road Accident Fund (RAF) created by legislation is a juristic person funded by a fuel levy, which indemnifies the wrongdoer. A claimant must prove that the wrongdoer was negligent and that negligence was a cause of the accident that resulted in injuries or death. The benefits under the Amendment Act 19 of 2005 is that one may claim for past and future medical expenses, past and future loss of earning capacity, past and future loss of support and general damages for serious injuries. The object RAF is compensation for loss or damage caused by a motor vehicle accident.

Have you decided what type of Ante Nuptial Contract you want?

You have decided on the venue, the cake and centerpieces but have you decided what type of Ante Nuptial Contract you want?

The Monster in the Closet in Perspective

Thinking about the dissolution of your marriage before you have even said, “I do,” is awkward and unromantic. No one gets married with the intention of getting divorced. Even though this might not be the case with you and your prospective spouse, the fact of the matter is that life happens, situations change, people change and the dissolution of your marriage does not only mean divorce but also death. It’s therefore imperative that you decide on a marital regime or contract that works best for you.

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