The Supreme Court of Appeal (SCA) recently ruled that “individuals in a permanent vegetative state, unaware of pain or loss of life’s amenities, are not entitled to general damages for pain, suffering or loss of enjoyment of life”. - Medical Brief (5 August 2025).
According to experts the ruling may have significant implications for medico-legal claims in similar cases.
“This decision could have major implications for families of individuals who are in a vegetative state, severely brain-injured or unable to experience pain or loss of life’s enjoyments.
“The case – reported in MedicalBrief in June 2025 – involved a minor child, AAS, born in October 2015 and diagnosed with cerebral palsy due to neurological injuries suffered during labour at Tshwane District Hospital and Steve Biko Academic Hospital.
The Gauteng High Court awarded R15 530 576, including R2.2m for general damages, based on “twilight moments” of responsiveness where the child endures constant pain, however the SCA overturned the R2.2m award for general damages.
“The precedent limits general damages in medico-legal claims involving profound neurological impairments, particularly cerebral palsy cases, and is likely to shape future litigation by requiring clear evidence of specific losses in court papers.”