L P v Bloy (2658/2014) [2020] ZAGPJHC 185 (28 May 2020)

L P v Bloy (2658/2014) [2020] ZAGPJHC 185 (28 May 2020)

The court found that the defendant was negligent in diagnosing Addison's disease without performing confirmatory tests such as the Synacthen or insulin-induced hypoglycaemia test, relying instead on two blood tests and clinical judgment. However, the plaintiff failed to prove on a balance of probabilities that the negligent diagnosis and subsequent administration of low-dose steroid therapy for approximately one year caused the alleged sequelae. The expert evidence and medical literature established that adverse effects such as immune suppression, tuberculosis, osteoporosis, and ischaemic heart disease are associated with supraphysiological doses of steroids and current use, not with...

Citation
[2020] ZAGPJHC 185
Parties
Plaintiff: L. F. P.; Defendant: Dr B. M. Bloy
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2020
Case Number
2658/2014
Procedural Posture
Civil Trial / Liability Only; Quantum Separated and Postponed Sine Die
Outcome
Plaintiff's claim dismissed with costs.
Judges
U. Bhoola
Legal Topics
Medical Negligence, Causation, Standard of Care, Expert Evidence, Misdiagnosis, Damages
Delict Civil Procedure Family and Children Medical Negligence Causation Standard of Care Expert Evidence Misdiagnosis +1 more

Case Brief

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Parties

L. F. P.

Plaintiff

Dr B. M. Bloy

Defendant

Procedural Posture

Civil Trial / Liability Only; Quantum Separated and Postponed Sine Die

Legal Issues

  1. 1 Was the defendant negligent in diagnosing the plaintiff with Addison's disease without performing confirmatory tests?
  2. 2 Did the negligent diagnosis and subsequent prescription of steroid therapy cause the plaintiff's alleged sequelae?
  3. 3 Is there a causal link between the steroid therapy and the plaintiff's development of tuberculosis, osteoporosis, ischaemic heart disease, and other complications?

Ratio Decidendi

The court found that the defendant was negligent in diagnosing Addison's disease without performing confirmatory tests such as the Synacthen or insulin-induced hypoglycaemia test, relying instead on two blood tests and clinical judgment. However, the plaintiff failed to prove on a balance of probabilities that the negligent diagnosis and subsequent administration of low-dose steroid therapy for approximately one year caused the alleged sequelae. The expert evidence and medical literature established that adverse effects such as immune suppression, tuberculosis, osteoporosis, and ischaemic heart disease are associated with supraphysiological doses of steroids and current use, not with...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.