Kluever and Another v De Goede (20198/2014) [2015] ZASCA 105 (19 August 2015)

Kluever and Another v De Goede (20198/2014) [2015] ZASCA 105 (19 August 2015)

The court found that the primary surgery performed by Dr Kluever was negligent due to her failure to properly assess the respondent's injury, use appropriate surgical technique, and confirm the correct height of the patella. The evidence established that Kluever did not take adequate steps to compensate for her inexperience, failed to consult relevant diagnostic materials, and used inferior suturing material without augmentation. The subsequent failure by both Kluever and Bhawani to identify and rectify the high riding patella resulted in irreversible damage to the respondent's knee. The court rejected the defence of contributory negligence, finding no evidence that the respondent's...

Citation
[2015] ZASCA 105
Parties
Appellant: Dr F Kluever; Appellant: Dr R H Bhawani; Appellant: Minister of Defence; Respondent: Michiel Jacobus De Goede
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 August 2015
Case Number
20198/2014
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Navsa, Mhlantla, Leach, Mbha, Zondi
Legal Topics
Medical Negligence, Professional Standard of Care, Vicarious Liability, Contributory Negligence, Assessment of Expert Evidence
Delict Medical Negligence Professional Standard of Care Vicarious Liability Contributory Negligence Assessment of Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Dr F Kluever

Appellant

Dr R H Bhawani

Appellant

Minister of Defence

Appellant

Michiel Jacobus De Goede

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the medical practitioners were negligent in performing the surgical procedures on the respondent's knee.
  2. 2 Whether the Minister of Defence is vicariously liable for the actions of the medical practitioners.
  3. 3 Whether the respondent contributed to his own injury through negligence.

Ratio Decidendi

The court found that the primary surgery performed by Dr Kluever was negligent due to her failure to properly assess the respondent's injury, use appropriate surgical technique, and confirm the correct height of the patella. The evidence established that Kluever did not take adequate steps to compensate for her inexperience, failed to consult relevant diagnostic materials, and used inferior suturing material without augmentation. The subsequent failure by both Kluever and Bhawani to identify and rectify the high riding patella resulted in irreversible damage to the respondent's knee. The court rejected the defence of contributory negligence, finding no evidence that the respondent's...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs attendant upon the employment of two counsel.