For a non fatal claim
a) Damages for pain, suffering and loss of amenities
In assessing the amount of compensation to be awarded, the claimant's age, their previous and current medical condition, length of time they must spend in hospital, the kind and number of treatments or operations received, cosmetic or facial injuries, and psychological problems will be considered. The court will take into account the decisions made by previous courts regarding cases of a comparable nature and uses these as a guideline for the amount of compensation granted.
b) Loss of earnings
Depending on the severity of the injuries sustained, the claimant is entitled to claim in full for loss of earnings during the sick leave period and for any subsequent loss of earnings (full or partial) that may be caused by disability resulting from the injuries sustained in the medical negligence incident. The claimant's age and the earnings of comparable workers are also relevant in determining claims for loss of earnings. Any income that is earned by the claimant after the medical negligence incident will be taken into account when assessing the claimant's entitlement to claim for loss of earnings.
c) Other special damages (various expenses)
The claimant is entitled to be compensated for other amounts that are reasonably incurred as a result of the medical negligence incident. Common items include hospital fees, private doctor’s fees, tonic food expenses and travelling expenses. On occasions, claims for other damages can be made based on the particular needs of the claimant, such as expenses for certain special equipment needed for their rehabilitation, subject to their need and reasonableness being established.
d) Interest on the above damages
e) The claimant’s legal costs