A.M obo L.M v Member of the Executive Council for Health, Eastern Cape Province (586/2017) [2023] ZAECBHC 26 (30 August 2023)

A.M obo L.M v Member of the Executive Council for Health, Eastern Cape Province (586/2017) [2023] ZAECBHC 26 (30 August 2023)

The court found that, while the distinction between traditional and recent scientific approaches to BGT pattern injury was debated, the evidence did not establish when or why the injury occurred, nor did it demonstrate a sentinel event. The expert evidence presented was insufficient to prove factual causation, as Professor Smith did not testify and the facts did not support the inferential reasoning required. However, in light of the Supreme Court of Appeal's broader treatment of probabilities and causation in the DM matter, it is reasonably possible that an appeal court could reach a different conclusion. The controversy regarding the scientific descriptions of hypoxic ischaemic brain...

Citation
[2023] ZAECBHC 26
Parties
Applicant: A.M. obo L.M.; Respondent: Member of the Executive Council for Health, Eastern Cape Province
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
30 August 2023
Case Number
586/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claim at Trial
Outcome
Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment and orders dated 25 April 2023.
Judges
G Goosen
Legal Topics
Medical Negligence, Factual Causation, Expert Evidence, Leave to Appeal
Delict Civil Procedure Medical Negligence Factual Causation Expert Evidence Leave to Appeal

Case Brief

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Parties

A.M. obo L.M.

Applicant

Member of the Executive Council for Health, Eastern Cape Province

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Damages Claim at Trial

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court would reach a different conclusion regarding factual causation in a medical negligence claim.
  2. 2 Whether the failure to monitor the foetus during labour was the factual cause of the hypoxic ischaemic brain injury.
  3. 3 Whether recent scientific reasoning regarding BGT pattern injury should have been adopted over the traditional approach.

Ratio Decidendi

The court found that, while the distinction between traditional and recent scientific approaches to BGT pattern injury was debated, the evidence did not establish when or why the injury occurred, nor did it demonstrate a sentinel event. The expert evidence presented was insufficient to prove factual causation, as Professor Smith did not testify and the facts did not support the inferential reasoning required. However, in light of the Supreme Court of Appeal's broader treatment of probabilities and causation in the DM matter, it is reasonably possible that an appeal court could reach a different conclusion. The controversy regarding the scientific descriptions of hypoxic ischaemic brain...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment and orders dated 25 April 2023.

Orders

  • The applicant is granted leave to appeal to the Supreme Court of Appeal against the whole of the judgment and orders of this court dated 25 April 2023.
  • The costs of the application for leave to appeal shall be costs in the appeal.