The Western Cape High Court has instructed the Road Accident Fund (RAF) to reimburse a woman more than R200 000 for the laser treatment she received to her face after being badly disfigured when she was hit by a car while jogging in Hout Bay.
IOL reports that the accident, in 2018, was solely the fault of the insured driver, with the woman suffering major facial injuries and lacerations, facial bone fractures, a severe left eye injury, as well as a skull fracture. As a result of the injuries, she was permanently scarred.
At the time, the plaintiff worked for a tourism company in safari planning, which included international trade shows. Identified as JA, she told the court that being in the tourism industry, her appearance was vital for her job.
As she was left with prominent facial scarring that significantly affected her self-esteem, and her ability to return to the business, she needed extensive laser treatment.
Numerous ops
After the accident, she had undergone a 12-hour emergency operation and was in intensive care for 18 days. She subsequently had 13 surgeries on her face, including having a prosthesis implanted under her left eye to keep it in place.
She testified that the first time she saw “the horror” of her face after the collision was when an ICU nurse wheeled her into the bathroom, and she looked in the mirror. There were huge scars from her forehead, along and down her nose over her lips and ending on her chin.
Before the accident, she was proud of her looks, but afterwards, her face was left lopsided and scarred.
The reconstructive surgeon who had operated on her face recommended laser treatment for the severe scarring.
The issue was that the RAF did not want to reimburse her, as the laser therapist was not registered with the Health Professions Council of South Africa. The court heard evidence from experts that the treatment not only improved her appearance but also her psychological well-being.
The court found the RAF’s rejection of her claim in this regard failed to recognise the impact of her injuries and the necessity of the treatment.
The fund was ordered to pay her the R234 100 she had spent on the laser treatment.
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