Khanyi obo P.S.K v Premier of Gauteng (29703/08) [2011] ZAGPJHC 30 (18 February 2011)

Khanyi obo P.S.K v Premier of Gauteng (29703/08) [2011] ZAGPJHC 30 (18 February 2011)

The court found that the failure of the hospital staff, particularly the midwives, to properly examine and diagnose the breech presentation at 11:00 constituted clear and basic negligence. Expert evidence established that a caesarean section was the appropriate intervention for a footling breech, and the omission to act led directly to the child's severe and permanent injuries. The defendant, as the responsible authority for the hospital, is liable for the damages suffered by the plaintiff. The quantum of damages was agreed between the parties, and the court granted judgment in favour of the plaintiff.

Citation
[2011] ZAGPJHC 30
Parties
Applicant: Khanyi, Thembeni Martha obo K, P S; Respondent: Premier of Gauteng
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 February 2011
Case Number
29703/08
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment granted in favour of the plaintiff; the defendant is liable for damages and costs.
Judges
N P Willis
Legal Topics
Medical Negligence, Hospital Liability, Causation, Quantum of Damages
Delict Medical Negligence Hospital Liability Causation Quantum of Damages

Case Brief

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Parties

Khanyi, Thembeni Martha obo K, P S

Applicant

Premier of Gauteng

Respondent

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the staff at Pholosong Hospital were negligent in failing to diagnose and manage a breech birth at 11:00 on 2 December 1999.
  2. 2 Whether the failure to perform a caesarean section constituted medical negligence resulting in the plaintiff's child's injuries.
  3. 3 Whether the defendant is liable for damages arising from the negligent conduct of hospital staff.

Ratio Decidendi

The court found that the failure of the hospital staff, particularly the midwives, to properly examine and diagnose the breech presentation at 11:00 constituted clear and basic negligence. Expert evidence established that a caesarean section was the appropriate intervention for a footling breech, and the omission to act led directly to the child's severe and permanent injuries. The defendant, as the responsible authority for the hospital, is liable for the damages suffered by the plaintiff. The quantum of damages was agreed between the parties, and the court granted judgment in favour of the plaintiff.

Court Disposition

Judgment granted in favour of the plaintiff; the defendant is liable for damages and costs.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R9,250,000 (nine million, two hundred and fifty thousand rands).
  • The defendant is ordered to pay the costs of suit, including the qualifying fees of the listed experts.