B and Another v MEC for Health and Social Development of Gauteng Provincial Government (16233/13) [2017] ZAGPPHC 152 (17 March 2017)

B and Another v MEC for Health and Social Development of Gauteng Provincial Government (16233/13) [2017] ZAGPPHC 152 (17 March 2017)

The court found that the medical staff, particularly Sister Mafolo, failed to adhere to established protocols and procedures for maternal and foetal monitoring during labour. The evidence showed that the CTG was not conducted on admission, decelerations indicating foetal distress were not acted upon, and a doctor was not called when required. The resuscitation of the baby was performed incorrectly, further exacerbating the injury. The court accepted the plaintiffs' evidence regarding the time of admission and found that substandard care was provided from admission through delivery. Expert testimony established that proper monitoring and earlier intervention could have prevented the...

Citation
[2017] ZAGPPHC 152
Parties
Plaintiff: L B; Plaintiff: Jacob Jakobus Jonker; Defendant: MEC for Health and Social Development of Gauteng Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 March 2017
Case Number
16233/13
Procedural Posture
Civil Liability / Liability Phase; Quantum Separated
Outcome
Defendant held liable for 100% of plaintiffs' proven or agreed damages arising from the perinatal hypoxic ischemia and resultant cerebral palsy.
Judges
Hughes
Legal Topics
Medical Negligence, Hospital Liability, Causation, Standard of Care, Expert Evidence, Birth Injury
Delict Civil Procedure Family and Children Medical Negligence Hospital Liability Causation Standard of Care Expert Evidence +1 more

Case Brief

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Parties

L B

Plaintiff

Jacob Jakobus Jonker

Plaintiff

MEC for Health and Social Development of Gauteng Provincial Government

Defendant

Procedural Posture

Civil Liability / Liability Phase; Quantum Separated

Legal Issues

  1. 1 Whether the medical staff at Tshwane District Hospital breached their duty of care to the plaintiffs during labour and delivery.
  2. 2 Whether the substandard maternal and foetal monitoring and care constituted negligence.
  3. 3 Whether the negligent conduct caused the hypoxic ischemic encephalopathy and cerebral palsy suffered by the minor child.

Ratio Decidendi

The court found that the medical staff, particularly Sister Mafolo, failed to adhere to established protocols and procedures for maternal and foetal monitoring during labour. The evidence showed that the CTG was not conducted on admission, decelerations indicating foetal distress were not acted upon, and a doctor was not called when required. The resuscitation of the baby was performed incorrectly, further exacerbating the injury. The court accepted the plaintiffs' evidence regarding the time of admission and found that substandard care was provided from admission through delivery. Expert testimony established that proper monitoring and earlier intervention could have prevented the...

Court Disposition

Defendant held liable for 100% of plaintiffs' proven or agreed damages arising from the perinatal hypoxic ischemia and resultant cerebral palsy.

Orders

  • The defendant is ordered to pay 100% of the plaintiffs' proven or agreed damages in their personal and representative capacities as biological parents and guardians of their minor son, J Jacobus Jonker, arising from the perinatal hypoxic ischemia and resultant grade 3 hypoxic ischaemic encephalopathy and cerebral...
  • The defendant is ordered to pay the plaintiffs' taxed or agreed costs on the High Court scale, including costs for senior and junior counsel, qualifying fees for expert witnesses, and costs of postponed hearings.