F M v Member of the Executive Council for Health Gauteng Provincial Government (2016/03425) [2020] ZAGPJHC 203 (6 May 2020)

F M v Member of the Executive Council for Health Gauteng Provincial Government (2016/03425) [2020] ZAGPJHC 203 (6 May 2020)

The court found, on the balance of probabilities, that the plaintiff's left facial nerve was injured—not merely paralysed—during the surgery performed on 21 May 2013. The evidence, including expert reports, hospital records, and physical examination, established that the surgical incision extended to the parotid gland, exposing the facial nerve trunk and resulting in permanent injury. The defendant's alternative explanations, such as Bell's palsy or stroke, were unsupported by medical records or expert opinion. The conduct of the medical personnel fell short of the reasonable standard of care expected, as precautions appropriate for parotid gland surgery were not taken. The defendant, as...

Citation
[2020] ZAGPJHC 203
Parties
Plaintiff: F M; Defendant: Member of the Executive Council for Health Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 May 2020
Case Number
2016/03425
Procedural Posture
Civil Trial / Merits Only; Quantum Postponed Sine Dies
Outcome
Plaintiff succeeds on the merits; defendant found liable for 100% of proven or agreed damages.
Judges
FMM Snyman
Legal Topics
Medical Negligence, Vicarious Liability, Causation, Facial Nerve Injury, Standard of Care
Delict Civil Procedure Medical Negligence Vicarious Liability Causation Facial Nerve Injury Standard of Care

Case Brief

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Parties

F M

Plaintiff

Member of the Executive Council for Health Gauteng Provincial Government

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Postponed Sine Dies

Legal Issues

  1. 1 Whether the plaintiff's left facial nerve was injured or merely paralysed.
  2. 2 Whether the injury to the facial nerve was caused by the surgery performed on 21 May 2013.
  3. 3 Whether the defendant is vicariously liable for the negligent conduct of medical personnel during the surgery.

Ratio Decidendi

The court found, on the balance of probabilities, that the plaintiff's left facial nerve was injured—not merely paralysed—during the surgery performed on 21 May 2013. The evidence, including expert reports, hospital records, and physical examination, established that the surgical incision extended to the parotid gland, exposing the facial nerve trunk and resulting in permanent injury. The defendant's alternative explanations, such as Bell's palsy or stroke, were unsupported by medical records or expert opinion. The conduct of the medical personnel fell short of the reasonable standard of care expected, as precautions appropriate for parotid gland surgery were not taken. The defendant, as...

Court Disposition

Plaintiff succeeds on the merits; defendant found liable for 100% of proven or agreed damages.

Orders

  • The defendant is liable to the plaintiff for 100% of his proven or agreed damages caused as a result of the surgery on 21 May 2013.
  • The issue of quantum is postponed sine dies by agreement between the parties.