Vel v Benjee (CS 84/2004) [2012] SCSC 54 (25 July 2012)

Vel v Benjee (CS 84/2004) [2012] SCSC 54 (25 July 2012)

The plaintiff failed to adduce any evidence, including expert medical opinion, to establish that the defendants acted negligently or breached the standard of care required of medical professionals. There was no proof of actionable negligence or causation of injury by the defendants. The evidential burden was not discharged on a balance of probabilities.

Citation
[2012] SCSC 54
Parties
Plaintiff: VEL; First Defendant: BENJEE; Second Defendant: Government of Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 July 2012
Case Number
CS 84/2004
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Negligence, Vicarious Liability, Standard of Care, Burden of Proof
Source Language
English
Tort Medical Negligence Negligence Vicarious Liability Standard of Care Burden of Proof

Case Brief

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Parties

VEL

Plaintiff

BENJEE

First Defendant

Government of Seychelles

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants were negligent in the medical treatment and surgery performed on the plaintiff
  2. 2 Whether the plaintiff proved medical negligence on a balance of probabilities
  3. 3 Whether the second defendant is vicariously liable for the acts of the first defendant

Ratio Decidendi

The plaintiff failed to adduce any evidence, including expert medical opinion, to establish that the defendants acted negligently or breached the standard of care required of medical professionals. There was no proof of actionable negligence or causation of injury by the defendants. The evidential burden was not discharged on a balance of probabilities.

Court Disposition

claim dismissed