Gura v MEC for Health, Free State Province (4632/2015) [2019] ZAFSHC 184 (3 October 2019)

Gura v MEC for Health, Free State Province (4632/2015) [2019] ZAFSHC 184 (3 October 2019)

The court held that the plaintiff presented evidence, both personally and through witnesses, of negligent conduct by hospital staff during the birth and treatment of her premature baby. The defendant submitted expert reports by agreement, which constituted the leading of evidence. The plaintiff's evidence, including unchallenged testimony and expert reports, established a prima facie case on all elements of medical negligence and damages. The court found that there was sufficient evidence upon which a reasonable court could find for the plaintiff, and that the application for absolution from the instance should be dismissed. The absence of hospital records left questions unanswered, but...

Citation
[2019] ZAFSHC 184
Parties
Plaintiff: Vuyolwethu Gura; Defendant: MEC for Health, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 October 2019
Case Number
4632/2015
Procedural Posture
Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance dismissed with costs.
Judges
Chesiwe
Legal Topics
Medical Negligence, Absolution From Instance, Prima Facie Case, Hospital Liability, Quantum of Damages
Delict Civil Procedure Medical Negligence Absolution From Instance Prima Facie Case Hospital Liability Quantum of Damages

Case Brief

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Parties

Vuyolwethu Gura

Plaintiff

MEC for Health, Free State Province

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case of medical negligence against the defendant sufficient to survive absolution from the instance.
  2. 2 Whether the defendant's submission of expert reports constituted the leading of evidence, thereby precluding absolution.
  3. 3 Whether the conduct of hospital staff amounted to actionable negligence causing emotional and psychological harm to the plaintiff.

Ratio Decidendi

The court held that the plaintiff presented evidence, both personally and through witnesses, of negligent conduct by hospital staff during the birth and treatment of her premature baby. The defendant submitted expert reports by agreement, which constituted the leading of evidence. The plaintiff's evidence, including unchallenged testimony and expert reports, established a prima facie case on all elements of medical negligence and damages. The court found that there was sufficient evidence upon which a reasonable court could find for the plaintiff, and that the application for absolution from the instance should be dismissed. The absence of hospital records left questions unanswered, but...

Court Disposition

Application for absolution from the instance dismissed with costs.

Orders

  • The application for absolution from the instance is dismissed with costs.