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The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice
Thesis (LLD)--Stellenbosch University, 2025.
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| Format: | Thesis |
| Language: | English |
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Stellenbosch : Stellenbosch University
2025
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| _version_ | 1867613900117114880 |
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| access_status_str | Open Access |
| author | Conradie, Robyn |
| author2 | Wessels, Albertus Bernardus |
| author_browse | Conradie, Robyn Wessels, Albertus Bernardus |
| author_facet | Wessels, Albertus Bernardus Conradie, Robyn |
| author_sort | Conradie, Robyn |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLD)--Stellenbosch University, 2025. |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/134576 |
| institution | Stellenbosch University (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:43:29.289Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/134576 The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice Conradie, Robyn Wessels, Albertus Bernardus Stellenbosch University. Faculty of Law. Dept. of Private Law. Medical laws and legislation -- South Africa Malpractice -- South Africa Government liability -- South Africa Damages -- South Africa Compensation (Law) -- South Africa UCTD Thesis (LLD)--Stellenbosch University, 2025. Conradie, R. 2025. The public healthcare crisis: reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice. Unpublished doctoral dissertation. Stellenbosch: Stellenbosch University [online]. Available: https://scholar.sun.ac.za/items/6050e3e4-88b3-4659-9433-268ac720c6b5 ENGLISH ABSTRACT: The dissertation evaluates the patrimonial and non-patrimonial damages that victims may claim for harm suffered from medical malpractice in the public healthcare sector. To claim patrimonial and non-patrimonial damages for the harm arising from medical malpractice in the public healthcare sector, a victim of medical malpractice may institute a common-law delictual claim against the state on the basis of vicarious liability. In recent years, there has been an increase in the number of delictual claims instituted against the state for harm arising from medical malpractice which has led to a significant expansion of the state’s delictual liability in this context. The values of these claims have also increased significantly. This situation is placing financial pressure on the state and concerns relating to its ability to continue providing access to healthcare to the public have been raised. The dissertation argues that the current manner in which patrimonial and non-patrimonial damages for harm arising from medical malpractice is unsatisfactory and worsening this current situation. The dissertation considers whether there are alternative methods to quantify and pay patrimonial damages and to quantify non-patrimonial damages for harm arising from medical malpractice in the public healthcare sector. The dissertation identifies two alternative methods, namely the undertaking-to-pay in the context of patrimonial harm and a ceiling cap in the context of non-patrimonial damages. The dissertation thereafter examines whether the two identified alternative methods may be justifiably introduced into the legal landscape. To do so, the dissertation relies on an established framework of legal and public policy considerations and applies these considerations to the medical malpractice context. It is concluded that the two alternative methods are justifiable. However, to successfully assist in abating the current medical malpractice crisis, the two alternatives need to be practically workable. Once the dissertation establishes that the two alternative methods may be justifiably introduced into the law, the dissertation evaluates how these alternatives could be practically implemented. The dissertation therefore concludes by focusing on various practical questions relating to how the undertaking-to-pay and the ceiling cap on non-patrimonial damages may be implemented. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar. Doctoral 2025-12-15T07:18:13Z 2025-12-15T07:18:13Z 2025-12 Thesis https://scholar.sun.ac.za/handle/10019.1/134576 en Stellenbosch University 282 pages application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | Medical laws and legislation -- South Africa Malpractice -- South Africa Government liability -- South Africa Damages -- South Africa Compensation (Law) -- South Africa UCTD Conradie, Robyn The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| title | The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| title_full | The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| title_fullStr | The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| title_full_unstemmed | The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| title_short | The public healthcare crisis : reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| title_sort | public healthcare crisis reconsidering the quantification and payment of damages where delictual liability has been imposed against the state for harm arising from medical malpractice |
| topic | Medical laws and legislation -- South Africa Malpractice -- South Africa Government liability -- South Africa Damages -- South Africa Compensation (Law) -- South Africa UCTD |
| url | https://scholar.sun.ac.za/handle/10019.1/134576 |
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