Lobishe v Member of the Executive Council, Department of Health, Eastern Cape (3130/2019) [2025] ZAECQBHC 11 (6 May 2025)

Lobishe v Member of the Executive Council, Department of Health, Eastern Cape (3130/2019) [2025] ZAECQBHC 11 (6 May 2025)

The court found that the Plaintiff was ambulatory prior to surgery and became paraplegic immediately after, with expert evidence confirming that the cause was the negligent misplacement of right-sided pedicle screws during spinal surgery. The risk of paralysis was foreseeable but very low if proper technique and imaging were used. The Defendant's employees failed to meet the standard of care expected of reasonably competent practitioners, and the harm was both foreseeable and preventable. The Defendant did not challenge the Plaintiff's evidence or provide an alternative explanation. The court concluded that the Defendant is liable for all damages the Plaintiff may prove as a result of the...

Citation
[2025] ZAECQBHC 11
Parties
Plaintiff: Anele Lobishe; Defendant: Member of the Executive Council, Department of Health, Eastern Cape
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
6 May 2025
Case Number
3130/2019
Procedural Posture
Civil Trial / Liability Separated From Quantum; Trial on Liability
Outcome
The Defendant is liable for all damages the Plaintiff may prove resulting from negligent medical treatment received on 12 April 2017.
Judges
C D Kotzé
Legal Topics
Medical Negligence, Causation, Standard of Care, Expert Evidence, Quantification of Damages
Delict Civil Procedure Family and Children Medical Negligence Causation Standard of Care Expert Evidence Quantification of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Anele Lobishe

Plaintiff

Member of the Executive Council, Department of Health, Eastern Cape

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Trial on Liability

Legal Issues

  1. 1 Whether the Defendant's employees were negligent in the placement of pedicle screws during spinal surgery on the Plaintiff.
  2. 2 Whether the negligent placement of the screws caused the Plaintiff's paralysis and permanent loss of use of his lower limbs.
  3. 3 Whether the Defendant is liable for damages resulting from the Plaintiff's paraplegia.

Ratio Decidendi

The court found that the Plaintiff was ambulatory prior to surgery and became paraplegic immediately after, with expert evidence confirming that the cause was the negligent misplacement of right-sided pedicle screws during spinal surgery. The risk of paralysis was foreseeable but very low if proper technique and imaging were used. The Defendant's employees failed to meet the standard of care expected of reasonably competent practitioners, and the harm was both foreseeable and preventable. The Defendant did not challenge the Plaintiff's evidence or provide an alternative explanation. The court concluded that the Defendant is liable for all damages the Plaintiff may prove as a result of the...

Court Disposition

The Defendant is liable for all damages the Plaintiff may prove resulting from negligent medical treatment received on 12 April 2017.

Orders

  • The separation order of 19 May 2023 is varied to reference paragraphs 1-23 for liability and 24-27 for quantum.
  • The Defendant is liable for all damages the Plaintiff may prove in respect of his claim resulting from negligent medical treatment received on 12 April 2017.