A.B.M v Member of the Executive Council for Health KwaZulu Natal (4401/2014) [2016] ZAKZDHC 5 (15 February 2016)

A.B.M v Member of the Executive Council for Health KwaZulu Natal (4401/2014) [2016] ZAKZDHC 5 (15 February 2016)

The court found that the medical and nursing staff at King Edward Hospital were negligent in failing to maintain oxygen saturation levels within the prescribed safe range, as required by the National Guidelines on Prevention of Blindness. The evidence showed that oxygen levels were consistently above 95%, with no adequate action taken to reduce them, and no proper monitoring or alarm systems in place. Furthermore, the court accepted the plaintiff's version that she was not properly advised of the ROP screening appointment upon discharge, nor given the necessary documentation, due to the discharge process being handled by a nurse during a doctor’s strike. The court held that these failures...

Citation
[2016] ZAKZDHC 5
Parties
Plaintiff: A. B. M.; Defendant: The Member of The Executive Council for Health Kwazulu-Natal
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
15 February 2016
Case Number
4401/2014
Procedural Posture
Civil Liability Trial / Liability Only; Quantum Postponed Sine Die
Outcome
Defendant found liable for all of the plaintiff’s proven or agreed damages arising out of the blindness of the child; costs awarded to plaintiff; quantum postponed sine die.
Judges
Poyo Dlwati
Legal Topics
Medical Negligence, Hospital Liability, Retinopathy of Prematurity, Expert Evidence, Standard of Care, Causation
Delict Civil Procedure Family and Children Medical Negligence Hospital Liability Retinopathy of Prematurity Expert Evidence Standard of Care +1 more

Case Brief

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Parties

A. B. M.

Plaintiff

The Member of The Executive Council for Health Kwazulu-Natal

Defendant

Procedural Posture

Civil Liability Trial / Liability Only; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the blindness of the baby was caused by the negligent conduct of the medical and nursing staff at King Edward Hospital.
  2. 2 Whether the oxygen saturation levels administered to the baby were within the acceptable range as prescribed by national guidelines.
  3. 3 Whether the mother was properly advised and given a letter to attend an eye clinic for ROP screening upon discharge, thereby preventing progression to stage 5 ROP.

Ratio Decidendi

The court found that the medical and nursing staff at King Edward Hospital were negligent in failing to maintain oxygen saturation levels within the prescribed safe range, as required by the National Guidelines on Prevention of Blindness. The evidence showed that oxygen levels were consistently above 95%, with no adequate action taken to reduce them, and no proper monitoring or alarm systems in place. Furthermore, the court accepted the plaintiff's version that she was not properly advised of the ROP screening appointment upon discharge, nor given the necessary documentation, due to the discharge process being handled by a nurse during a doctor’s strike. The court held that these failures...

Court Disposition

Defendant found liable for all of the plaintiff’s proven or agreed damages arising out of the blindness of the child; costs awarded to plaintiff; quantum postponed sine die.

Orders

  • The defendant is liable for all of the plaintiff’s proven or agreed damages arising out of the blindness of A. V. M., a girl born on 27 May 2009.
  • The defendant is liable for all the plaintiff’s reasonable costs of suit as agreed or taxed, including costs consequent upon the employment of two counsel where employed.