Woman wins court battle for laser treatment reimbursement after life-changing injuries

The Road Accident Fund must reimburse a Western Cape woman 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.

The woman, only identified as JA, told the Western Cape High Court that she works in the tourism industry and her appearance is 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 tourism industry, she needed extensive laser treatment.

In February 2018, the plaintiff 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.

These included 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 disfigured. At the time of the collision, the plaintiff was employed at a tourism company in safari planning, which included international trade shows.

She explained that her role in the industry was to “sell Africa” to locals and tourists. In explaining the accident, she testified that she was running with friends opposite the beach when she heard the screech of brakes, looked up and in a split second, the vehicle had made contact with her body.

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 explained that the first two years after the collision saw most of the surgical and reconstructive work done to her face and that a prosthesis was placed under her left eye in order to keep it in place and support the eye.

She 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. There were huge scars from her forehead along and down her nose over her lips and ending on her chin.

JA said that prior to the collision, she was proud of her looks and that people considered her to be pretty. However, after the collision, she thought that her life would never be the same again, in that her facial appearance had altered, and left it lopsided and scarred. She thought that she would have to hide for the rest of her life.

The reconstructive surgeon who had operated on her face recommended laser treatment for the management of her severe scars. She was always mindful that laser treatment was not affordable to everyone but she was proud of the steps she had taken and explained that the outcome of the laser treatment caused her to regain her dignity and self-worth.

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.