Court Rejects R10 Million RAF Claim Over Child’s Brain Injury

The Road Accident Fund (RAF) successfully defended against a R10 million damages claim after a judge ruled that expert medical testimony lacked factual grounding. The case revolved around a child who was nine years old when a taxi collided with the car she was in. It was alleged that she suffered severe brain injuries, limiting her future academic and professional prospects.

Disputed Medical Evidence

The central evidence came from a prominent neurosurgeon who claimed the child’s initial mild brain injury had progressed to a severe condition. However, the judge criticized the basis of this opinion, which relied on incomplete hospital records and a single virtual consultation conducted eight years after the accident.

Several other medical experts built their reports on the neurosurgeon’s findings, further weakening the case.

The child, now 17, was hospitalized for just one day following the accident and later taken to an eye hospital for examination. Beyond this, she did not receive further medical treatment, as it appeared unnecessary at the time.

The RAF had already conceded the merits of the case and paid an undisclosed sum in general damages. The remaining claim for R10 million, based on alleged future loss of earnings, was disputed in court.

Judge Marcus Senyatsi emphasized the importance of factual evidence in expert testimony. “Expert witnesses are required to lay a factual basis for their conclusions and explain their reasoning to the court,” he said.

The judge noted that the neurosurgeon admitted to relying on incomplete records and failed to justify why no further medical examination was conducted.

“It is difficult to fathom the basis of the expert’s opinion that the child had suffered such a serious brain injury that she wouldn’t be able to study further,” remarked Judge Senyatsi.

The court rejected the neurosurgeon’s report, as well as the findings of other experts who relied on it, ultimately dismissing the R10 million claim.

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