When something has gone wrong with medical care, most people ask two questions:
- Do I have a case?
- If I do, what can I actually claim for?
In law, the word “damages” simply means the different types of loss for which you may claim compensation. Some are financial (like medical expenses and loss of earnings). Others relate to your pain, suffering and loss of quality of life, these are called general damages
At Lanser Sutherland Inc.Inc., we take time to explain these concepts in plain language so that you understand what you are claiming, why you are claiming it, and how we arrive at the numbers.
What do we mean by “damages”?
In South African law, damages are divided into patrimonial (financial) and non-patrimonial (non-financial) loss.
- Patrimonial damages cover things like medical expenses, travel, equipment and loss of income.
- Non-patrimonial damages cover pain, suffering, disability and loss of enjoyment of life.
We work with you and with specialists such as occupational therapists, industrial psychologists and actuaries to build a clear, evidence-based picture of how the injury has affected your life, your work and your family.
Types of damages in medical negligence claims
Medical expenses, care and equipment
Past medical expenses
Medical costs already incurred because of the injury. It is vital that all vouchers/ receipts/ invoices are kept as proof that this expenses has been incurred.
Future hospital, medical and allied expenses
These are costs which are anticipated to be incurred in the plaintiff’s future. A number of experts will assist us in this regard. They assess the plaintiff and then give an opinion of what reasonable treatment, services and equipment may be required in the future to bring the plaintiff as close as possible to his pre-incident self.
Assistive devices and equipment
Items such as wheelchairs, braces and communication aids needed because of the injury.
Home adaptations / accommodation costs
Costs of changing or securing housing to meet the injured person’s needs.
Caregiving costs (past and future)
The cost of paid care or the value of care that a family member now must provide.
Nursing care
Professional nursing services required to look after the injured person.
Case manager / care coordinator
A professional who coordinates medical, therapy and care services.
Loss of earnings and support
Past loss of earnings
Income the plaintiff has already lost because they could not work as a result of the alleged negligent act/ omission
Future loss of earnings
Income the plaintiff is likely to lose in future because of reduced ability to work as a result of the alleged negligent act/ omission
Loss of earning capacity
The reduction in the plaintiff’s ability to compete and earn in the labour market as a result of the alleged negligent act/ omission
Loss of support (dependants’ claim)
A claim by dependants (spouse or children) for the financial support they lost because of a breadwinner’s death which resulted from an alleged negligent act/ omission
Funeral expenses
Reasonable costs of the deceased’s funeral claimed as part of damages.
Pain, suffering and loss of quality of life
Pain and suffering
Damages for physical pain and emotional distress caused by the injury which resulted from the alleged negligent act/ omission
Loss of amenities of life
Loss of the ability to enjoy usual pleasures and activities of life which resulted from the alleged negligent act/ omission
Disability
Long-term or permanent impairment of bodily or mental function which resulted from the alleged negligent act/ omission
Disfigurement
Visible scarring or physical change that affects a person’s appearance which resulted from the alleged negligent act/ omission
Impairment of bodily integrity
Interference with the normal functioning or wholeness of the body which resulted from the alleged negligent act/ omission
Impairment of psychological integrity
Injury to a person’s mental health or emotional stability which resulted from the alleged negligent act/ omission
Emotional shock (as a separate head)
Damages for a recognised psychiatric condition requiring ongoing treatment caused by a traumatic event which resulted from the alleged negligent act/ omission
How do we calculate the value of your claim (quantum)?
We use the term quantum for the total value of your claim.
Because we are dealing with past and future losses, and with complex medical and vocational questions, we work closely with:
- Occupational therapists, physiotherapists, speech therapists, psychologists etc. – to assess your functional limitations and care needs.
- Industrial psychologists – to assess the impact on your career, earnings and work prospects.
- Actuaries –An actuary calculates the present-day lump-sum value of a plaintiff’s future financial losses by projecting them forward and adjusting for inflation, life expectancy, and real-life uncertainties (contingencies).
In serious injury cases, we may also recommend that any large award is protected through a trust or curator for a minor or brain-injured plaintiff.
Damages, fairness and previous court awards
South African courts are guided by previous cases when assessing general damages.
That means:
- The court looks at comparable cases,
- Adjusts those awards to present-day values, and
- Considers the unique facts of your case: your pain, your loss of function, your career, your family responsibilities and your age.
The result is not a “windfall” but an attempt at fair, evidence-based compensation that reflects both medical reality and legal principle.
Time limits and acting early
Even a strong damages picture is worth little if the claim is out of time.
As explained on our prescription page:
- Most claims prescribe after 3 years from when you knew or ought reasonably to have known of the negligence and who was responsible.
- Claims against state hospitals or provincial health departments also involve a 6-month written notice requirement.
- For children and people without capacity (to understand the litigation process), prescription is generally paused, but evidence, records and witnesses are much easier to secure when the case is investigated early.
If you are unsure whether you are still in time, we would rather speak to you now and advise you on this as soon as possible than have you wait and lose your chance to claim damages..
How we work with you
Our motto is Experience. Compassion. Results.
In practice, that means:
- We explain the different heads of damage in simple language.
- We are upfront and transparent about costs, funding options and risks.
- We work with a trusted network of medical and financial experts to build the strongest, most honest case we can.
- We keep you involved and informed at each step so that the numbers on a page make sense in the context of your life story.