Tag: LegalPractice

On 10 April 2016, the plaintiff was admitted to a private hospital complaining of pain in her left knee. Unbeknown to anyone at the time, the plaintiff had suffered a ruptured aneurysm in her popliteal artery. The rupture resulted in limited blood flow to her lower left leg.

In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted an action against the life insurer, the defendant, in December 2012. The claim sought payment of benefits allegedly due under a life insurance policy. The defendant defended the action and filed a counterclaim to recover payments already made under the policy.

The legal profession is generally known to be demanding, relentless and, at times, unforgiving. From the point of entry into law school, excellence is expected, and resilience is tested. Purpose is often deferred in favour of survival. In my own experience as an admitted legal practitioner of the High Court of South Africa and as a law lecturer, I have come to the considered view that the sustainability of the legal profession depends not merely on technical expertise.

The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims. This is particularly relevant where the claimant is a layperson with limited medical knowledge.