In 2009 Mrs H, a self-employed business woman, underwent an elective surgery to cure an incessant pain in her shoulder. Mrs H was led to believe that the surgery would be a straight forward procedure and that it would improve her quality of life. The procedure was performed by a well-known neurosurgeon and Mrs H was confident about the results.
During the operation Mrs H sustained a brain-spinal fluid leak, acute spinal shock and a traumatic injury to the spinal cord due to medical negligence by her doctor.
Today Mrs H is a tetraplegic; she is confined to a wheelchair, is incontinent, suffers from acute pain and depression and can no longer live the life that she once loved.
In order to prove her claim Mrs H had to undergo numerous medical assessments by experts in the field.
Her claim can now be quantified and she is entitled to claim compensation for:
- Past and future medical expenses
- Loss of income
- General damages for pain and suffering, loss of amenities of life etc.
Mrs H has incurred a substantial financial loss as a result of the medical negligence which she suffered. The trial to establish the quantum of Mrs H’s claim will commence early next year. As litigious matters take a long time to finalise, it was imperative for Simpsons Attorneys to secure compensation for her past medical expenses and loss of income prior to the trial; during which less certain quantifications for general damages, future medical expenses and loss of income will be argued.
General damages are awarded based on the specific circumstances of the case with reference to previously decided cases with similar facts. General damages for tetraplegia, for example, in previous cases have ranged from R 483 000, in less severe cases, to R 2 438 000 in the most severe cases.
Whilst no amount of money can restore Mrs H to the carefree woman she was before her operation, it is our hope that the award she receives will help her to live the most comfortable and fulfilling life that she can, given her condition.
