Khoza v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (2012/20087) [2015] ZAGPJHC 15; 2015 (3) SA 266 (GJ); [2015] 2 All SA 598 (GJ) (6 February 2015)

Khoza v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (2012/20087) [2015] ZAGPJHC 15; 2015 (3) SA 266 (GJ); [2015] 2 All SA 598 (GJ) (6 February 2015)

The court found that the hospital staff at Chris Hani-Baragwanath Hospital were negligent in failing to properly monitor the mother and foetus after administering syntocinon during labour. The absence and tampering of CTG and partogram records, coupled with contradictory and unreliable viva voce evidence from the nursing staff, demonstrated a breach of the duty of care. The court held that the negligence in monitoring and reviewing the patient directly caused or contributed to the hypoxic-ischemic encephalopathy suffered by the minor child. The defendant's argument that the injury was solely due to a stroke was rejected, as expert evidence established that the stroke was triggered by the...

Citation
[2015] ZAGPJHC 15
Parties
Plaintiff: Khoza, N (on behalf of minor child Z); Defendant: 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
6 February 2015
Case Number
2012/20087
Procedural Posture
Civil Trial / Merits (liability Only; Quantum Separated)
Outcome
Plaintiff succeeded on the merits; defendant found liable for 100% of proven damages arising from the brain injury caused by staff negligence.
Judges
Spilg
Legal Topics
Medical Negligence, Hospital Record Keeping, Hypoxic Ischemic Encephalopathy, Burden of Proof, Admissibility of Hearsay, Expert Evidence
Delict Civil Procedure Family and Children Medical Negligence Hospital Record Keeping Hypoxic Ischemic Encephalopathy Burden of Proof Admissibility of Hearsay +1 more

Case Brief

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Parties

Khoza, N (on behalf of minor child Z)

Plaintiff

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

Defendant

Procedural Posture

Civil Trial / Merits (liability Only; Quantum Separated)

Legal Issues

  1. 1 Whether the hospital staff were negligent in monitoring the mother and foetus during labour after administration of syntocinon.
  2. 2 Whether the negligence of the hospital staff caused or contributed to the hypoxic-ischemic encephalopathy (HIE) suffered by the minor child.
  3. 3 Whether the failure to keep and produce original CTG records affects the admissibility and reliability of secondary evidence.

Ratio Decidendi

The court found that the hospital staff at Chris Hani-Baragwanath Hospital were negligent in failing to properly monitor the mother and foetus after administering syntocinon during labour. The absence and tampering of CTG and partogram records, coupled with contradictory and unreliable viva voce evidence from the nursing staff, demonstrated a breach of the duty of care. The court held that the negligence in monitoring and reviewing the patient directly caused or contributed to the hypoxic-ischemic encephalopathy suffered by the minor child. The defendant's argument that the injury was solely due to a stroke was rejected, as expert evidence established that the stroke was triggered by the...

Court Disposition

Plaintiff succeeded on the merits; defendant found liable for 100% of proven damages arising from the brain injury caused by staff negligence.

Orders

  • The negligence of the staff of Chris Hani-Baragwanath Hospital on 24 and 25 May 2008 caused the brain damage suffered by the minor child, Zamokuhle Khoza.
  • The defendant is ordered to pay 100% of the agreed or proven damages of the plaintiff acting in her representative capacity as a result of such brain damage.