Law Reform Commission proposes structured medical negligence settlements

Medical negligence payouts against the state exceeding R2 million could be shifted away from large once-off awards towards structured settlements, with most future damages paid periodically over the lifetime of an injured person. The proposal is contained in the South African Law Reform Commission's Report on Medico-Legal Claims, published this week, which recommends that courts must generally order structured settlements in successful state medical negligence claims above R2 million. To discuss this further Bongiwe Zwane spoke to Senior State Law Advisor, South African Law Reform Commission, Advocate Ronel van Zyl....