Proposal for medical negligence payouts to be staggered
The proposal is contained in the South African Law Reform Commission’s Report on Medico-Legal Claims, published this week, which recommends that courts must generally order structured settlements in successful state medical negligence claims above R2-million.
Medical negligence payouts against the state exceeding R2-million could be shifted away from large once-off towards structured settlements, with most future damages paid periodically over the lifetime of an injured person.
They don’t have a specific budget for medical negligence claims.
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