AZ v Member of the Executive Council for Health, Eastern Cape (140/2016) [2018] ZAECBHC 8 (14 August 2018)

AZ v Member of the Executive Council for Health, Eastern Cape (140/2016) [2018] ZAECBHC 8 (14 August 2018)

The court found that the plaintiff failed to prove, on a balance of probabilities, that any negligent act or omission by the defendant's servants caused her paraplegia. The evidence, particularly the pre-operative CT scan and expert testimony, established that the plaintiff suffered from severe kyphosis and spinal cord atrophy due to healed spinal tuberculosis prior to surgery. The surgical procedures performed by Dr Kaschula were reasonable and appropriate under the circumstances, and there was no credible evidence of intra-operative trauma or negligence. The court preferred the defendant's expert and factual evidence, which was corroborated by hospital records and radiological findings,...

Citation
[2018] ZAECBHC 8
Parties
Plaintiff: A Z; Defendant: Member of the Executive Council for Health, Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
14 August 2018
Case Number
140/2016
Procedural Posture
Civil Trial / Judgment After Trial on Negligence and Causation
Outcome
Plaintiff's claim dismissed with costs.
Judges
Stretch
Legal Topics
Medical Negligence, Informed Consent, Causation, Hospital Records Admissibility, Expert Evidence, Spinal Tuberculosis
Delict Civil Procedure Medical Negligence Informed Consent Causation Hospital Records Admissibility Expert Evidence Spinal Tuberculosis

Case Brief

Summary, issues, holding and outcome

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Parties

A Z

Plaintiff

Member of the Executive Council for Health, Eastern Cape

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Negligence and Causation

Legal Issues

  1. 1 Did the defendant's servants act negligently in the treatment and surgery performed on the plaintiff?
  2. 2 Did any negligent act or omission by the defendant's servants cause the plaintiff's paraplegia?
  3. 3 Was informed consent properly obtained for the surgical procedures?

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that any negligent act or omission by the defendant's servants caused her paraplegia. The evidence, particularly the pre-operative CT scan and expert testimony, established that the plaintiff suffered from severe kyphosis and spinal cord atrophy due to healed spinal tuberculosis prior to surgery. The surgical procedures performed by Dr Kaschula were reasonable and appropriate under the circumstances, and there was no credible evidence of intra-operative trauma or negligence. The court preferred the defendant's expert and factual evidence, which was corroborated by hospital records and radiological findings,...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.
  • Costs include the costs of two counsel.