I O obo N O v The Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (35055/2016) [2022] ZAGPJHC 208 (4 April 2022)

I O obo N O v The Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (35055/2016) [2022] ZAGPJHC 208 (4 April 2022)

The court found that the plaintiff's case was based on alleged breaches in post-operative care, specifically the failure to administer oxytocin, inadequate monitoring, and lack of specialist referrals. However, the evidence led did not establish a causal link between these omissions and the death of Mrs. Opperman. The expert witnesses were unable to testify beyond their fields, and no evidence was presented to show that the lack of oxytocin or specialist intervention caused the death. The pathologist attributed the death to a pulmonary embolism, with no connection to the surgical procedures or the alleged omissions. Despite this, the threshold for granting leave to appeal is whether there...

Citation
[2022] ZAGPJHC 208
Parties
Applicant: I O obo N O; Respondent: The Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 April 2022
Case Number
35055/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Absolution From the Instance
Outcome
Leave to appeal granted to the Full Court of the Gauteng Division, with costs to be costs in the appeal.
Judges
S C Mia
Legal Topics
Medical Negligence, Absolution From the Instance, Duty of Care, Causation, Leave to Appeal
Delict Civil Procedure Medical Negligence Absolution From the Instance Duty of Care Causation Leave to Appeal

Case Brief

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Parties

I O obo N O

Applicant

The Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Absolution From the Instance

Legal Issues

  1. 1 Whether the trial court erred in granting absolution from the instance against the plaintiff.
  2. 2 Whether the plaintiff established a prima facie case of medical negligence in post-operative care.
  3. 3 Whether there was sufficient evidence of a causal link between the alleged omissions and the death of Mrs. Opperman.

Ratio Decidendi

The court found that the plaintiff's case was based on alleged breaches in post-operative care, specifically the failure to administer oxytocin, inadequate monitoring, and lack of specialist referrals. However, the evidence led did not establish a causal link between these omissions and the death of Mrs. Opperman. The expert witnesses were unable to testify beyond their fields, and no evidence was presented to show that the lack of oxytocin or specialist intervention caused the death. The pathologist attributed the death to a pulmonary embolism, with no connection to the surgical procedures or the alleged omissions. Despite this, the threshold for granting leave to appeal is whether there...

Court Disposition

Leave to appeal granted to the Full Court of the Gauteng Division, with costs to be costs in the appeal.

Orders

  • Leave is granted to the Full Court of the Gauteng Division.
  • Costs to be costs in the appeal.