J.M.M and Another v MEC for Health - Gauteng (9253/2017) [2022] ZAGPPHC 249 (12 April 2022)

J.M.M and Another v MEC for Health - Gauteng (9253/2017) [2022] ZAGPPHC 249 (12 April 2022)

The court found that, in light of the applicants' referral to new evidence regarding the hospital theatre's availability, and considering that the respondent relied on contrary evidence at trial which was not contested, it would be in the interests of justice to grant leave to appeal. The court held that there is a reasonable prospect that another court may reach a different conclusion regarding the medical negligence claim, particularly as the new evidence could materially affect the findings on liability.

Citation
[2022] ZAGPPHC 249
Parties
Applicant: J.M.M.; Applicant: Advocate H. Kriel obo M[...]; Respondent: MEC for Health - Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 April 2022
Case Number
9253/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claims at Trial
Outcome
Leave to appeal granted to the Full Court of the division.
Judges
M Mbongwe
Legal Topics
Leave to Appeal, Medical Negligence, Hospital Liability
Civil Procedure Delict Leave to Appeal Medical Negligence Hospital Liability

Case Brief

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Parties

J.M.M.

Applicant

Advocate H. Kriel obo M[...]

Applicant

MEC for Health - Gauteng

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claims at Trial

Legal Issues

  1. 1 Whether leave to appeal should be granted against the dismissal of the applicants' claims for medical negligence.
  2. 2 Whether the availability of the hospital theatre at the relevant time was properly considered at trial.

Ratio Decidendi

The court found that, in light of the applicants' referral to new evidence regarding the hospital theatre's availability, and considering that the respondent relied on contrary evidence at trial which was not contested, it would be in the interests of justice to grant leave to appeal. The court held that there is a reasonable prospect that another court may reach a different conclusion regarding the medical negligence claim, particularly as the new evidence could materially affect the findings on liability.

Court Disposition

Leave to appeal granted to the Full Court of the division.

Orders

  • Leave to appeal to the Full Court of this division is granted.
  • Costs to be costs in the appeal.