Mr. M vs Government of Seychelles and another (CS 383/2008) [2013] SCSC 70 (17 October 2013)

Mr. M vs Government of Seychelles and another (CS 383/2008) [2013] SCSC 70 (17 October 2013)

The plaintiff failed to prove any negligence or causal link between the catheterization and his impotency; the evidence showed the complications arose from his chronic diabetes and hypertension, not from any fault of the defendants' employees.

Citation
[2013] SCSC 70
Parties
Plaintiff: MR. M; First Defendant: THE GOVERNMENT OF SEYCHELLES; Second Defendant: THE HEALTH SERVICE AUTHORITY
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 October 2013
Case Number
CS 383/2008
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed
Legal Topics
Vicarious Liability, Medical Negligence, Damages
Source Language
English
Tort Law Medical Negligence Vicarious Liability Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MR. M

Plaintiff

THE GOVERNMENT OF SEYCHELLES

First Defendant

THE HEALTH SERVICE AUTHORITY

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was medical negligence by the doctors during catheterization on 16th July 2006
  2. 2 Whether the catheterization caused the plaintiff's impotency
  3. 3 Whether the plaintiff proved his case to the required civil standard

Ratio Decidendi

The plaintiff failed to prove any negligence or causal link between the catheterization and his impotency; the evidence showed the complications arose from his chronic diabetes and hypertension, not from any fault of the defendants' employees.

Court Disposition

Plaint dismissed