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Seychelles decisions
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Laurence v Attorney General & Anor (CS 90 of 2019) [2024] SCSC 120 (26 July 2024)
Medical negligence claim dismissed after the court found the hospital’s treatment of a child with sepsis was timely, scientific, and not shown to be negligent.
Samedi v The Government of Seychelles (CS 95 of 2022) [2024] SCSC 147 (25 July 2024)
The Supreme Court held the Government liable for a faulty elbow surgery that caused a dislocation and ongoing pain, but not for claimed nerve palsy.
Kilindo v Health Care Agency & Anor (SCA 17 of 2022) [2023] SCCA 32 (25 August 2023)
The Court of Appeal dismissed a medical negligence appeal over knee replacement treatment, holding the appellant failed to prove fault through expert evidence.
Greg Jacques v Jhowla Manoo & Anor (SCA 18 of 2016) [2018] SCCA 9 (10 May 2018)
Court of Appeal dismissed a medical negligence appeal, finding no evidence that the doctors or hospital staff breached the standard of care.
Hertel v Government of Seychelles (SCA 2 of 2014) [2016] SCCA 31 (9 December 2016)
The Seychelles Court of Appeal dismissed a medical negligence claim arising from a thyroidectomy, finding no proven negligence or causal link for the loss of voice.
Octobre v Government of Seychelles (CS 17/2012) [2016] SCSC 941 (24 November 2016)
The plaintiff established that his condition worsened after surgery performed by the defendant's agents, and the defendant failed to provide a satisfactory explanation for the harm. Given the special circumstances of Seychelles, a presumption of fault applied, shifting the burden to the defendant, who did not rebut it. The defendant is therefore liable for the plaintiff's injuries and damages.
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Laurette v The Government of Seychelles (CS 133/2008) [2016] SCSC 560 (29 July 2016)
The court found medical negligence only in the delayed CT scan, awarding damages for three days of pain and suffering, but not for the plaintiff’s blindness.
Nanon & Anor v Ministry of Health Services & Ors (SCA 5 of 2012) [2015] SCCA 47 (17 December 2015)
The Court of Appeal held the appellants failed to prove medical negligence in labour and delivery, but awarded damages for distress caused by conflicting birth records.
Government of Seychelles v Heirs Julienne (SCA 7 of 2012) [2014] SCCA 18 (14 August 2014)
The plaintiffs proved on a balance of probabilities that the defendant, through its employees, was negligent in the treatment of the deceased, and the defendant failed to rebut the evidential burden. The trial judge did not err in his findings on liability, but the award for pain and suffering of the deceased before death was ultra petita and must be set aside.
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Hertel vs Government of Seychelles (CS 356.2010) [2013] SCSC 130 (6 December 2013)
Medical negligence claim from a thyroidectomy dismissed after the court found the complication was recognised, consent was obtained, and no breach of care was proved.
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