RAF to pay for woman's laser treatment
Woman wins court battle for reimbursement after life-changing injuries
The Road Accident fund was ordered by the Western Cape High Court to reimburse a woman for laser treatment after she suffered horrific facial scars when a car plunged into her while she was jogging.
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The Road Accident Fund must reimburse a Kaapse vrou for the laser treatment she received to her face, as it was “horribly disfigured” when she was hit by a car while jogging in Hout Bay.
In February 2018, the plaintiff only identified as JA, was running with friends along the shoulder of Northshore Drive, Hout Bay, when she was struck by a vehicle.
The collision was caused solely as a result of the negligence of the insured identified driver, with the result of which the plaintiff sustained serious injuries.
She underwent a 12-hour emergency operation and was in intensive care for 18 days. As a result of the injuries sustained to her face during the collision, she underwent approximately 13 operations.
JA, a safari planner, testified that the first time she saw her face after the collision was when an ICU nurse wheeled her into the shower room, where she left her. It was then that the plaintiff saw the horror of her face in the bathroom mirror.
The reconstructive surgeon who had operated on her face recommended laser treatment for the management of her severe scars.
The issue was that the fund was not set on reimbursing 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 helped 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.