Gauteng health in R2,8m damages

A 36-year-old Mamelodi West man, disabled and brain damaged during a hospital stay, is to receive R2,8million in damages from Gauteng's health authorities.

A 36-year-old Mamelodi West man, disabled and brain damaged during a hospital stay, is to receive R2,8million in damages from Gauteng's health authorities.

Provincial health MEC Brian Hlongwa settled a damages' claim on Tuesday instituted in the Pretoria high court by Dingaan Hendrik Nyathi.

Nyathi was partially paralysed and suffered brain damages as a result of the negligent treatment he received in both the Pretoria Academic and Kalafong hospitals in 2002, where he was treated for serious burn wounds.

Hlongwa agreed to pay Nyathi a further R2,5million damages, apart from an interim amount of R317000, that was only paid after Nyathi had to turn to first the high court and thereafter the constitutional court for help.

Nyathi's lawyers struck a blow for thousands of South Africans who obtained judgments against state departments when they obtained a court order in March this year, declaring Section 3 of the State Liability Act inconsistent with the constitution.

Despite this judgment, Nyathi had to approach the constitutional court on an urgent basis before the interim payment was made. - Sapa

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