M OBO M v Member of the Executive Council for Health of the Gauteng Provincial Government (2014/32504) [2018] ZAGPJHC 77 (20 April 2018)

M OBO M v Member of the Executive Council for Health of the Gauteng Provincial Government (2014/32504) [2018] ZAGPJHC 77 (20 April 2018)

The court accepted the plaintiff's evidence as credible, corroborated by expert testimony and joint minutes. The defendant led no evidence to contradict the plaintiff's version. The medical and nursing staff failed to properly assess, monitor, and manage the plaintiff's labour, neglected to perform a timely Caesarean section, and failed to provide adequate neonatal resuscitation. These failures constituted negligence and were causally linked to the neurological injury suffered by the minor child, L M. The absence of hospital and clinic records was a breach of statutory and ethical duties, further evidencing substandard care. The defendant is held liable for 100% of the plaintiff's agreed...

Citation
[2018] ZAGPJHC 77
Parties
Plaintiff: A M obo L M; Defendant: Member of the Executive Council for Health of the Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 April 2018
Case Number
2014/32504
Procedural Posture
Delict Claim / Liability Trial (quantum Separated; Postponed Sine Die)
Outcome
The defendant is held liable for 100% of the plaintiff's agreed or proven damages in her representative capacity for and on behalf of her minor child, L M, arising from the neurological injury sustained during labour and delivery.
Judges
D S S Moshidi
Legal Topics
Medical Negligence, Duty of Care, Hospital Records, Cerebral Palsy, Burden of Proof, Statutory Obligations
Delict Civil Procedure Family and Children Medical Negligence Duty of Care Hospital Records Cerebral Palsy Burden of Proof +1 more

Case Brief

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Parties

A M obo L M

Plaintiff

Member of the Executive Council for Health of the Gauteng Provincial Government

Defendant

Procedural Posture

Delict Claim / Liability Trial (quantum Separated; Postponed Sine Die)

Legal Issues

  1. 1 Whether the medical and nursing staff at Mohlakeng Clinic and Leratong Hospital were negligent in their care of the plaintiff during labour and delivery.
  2. 2 Whether the negligence caused the neurological injury and resultant cerebral palsy suffered by the minor child, L M.
  3. 3 Whether the absence of hospital and clinic records constitutes a breach of statutory and ethical duties and impacts the adjudication of liability.

Ratio Decidendi

The court accepted the plaintiff's evidence as credible, corroborated by expert testimony and joint minutes. The defendant led no evidence to contradict the plaintiff's version. The medical and nursing staff failed to properly assess, monitor, and manage the plaintiff's labour, neglected to perform a timely Caesarean section, and failed to provide adequate neonatal resuscitation. These failures constituted negligence and were causally linked to the neurological injury suffered by the minor child, L M. The absence of hospital and clinic records was a breach of statutory and ethical duties, further evidencing substandard care. The defendant is held liable for 100% of the plaintiff's agreed...

Court Disposition

The defendant is held liable for 100% of the plaintiff's agreed or proven damages in her representative capacity for and on behalf of her minor child, L M, arising from the neurological injury sustained during labour and delivery.

Orders

  • The defendant shall pay 100% of the plaintiff's agreed or proven damages in her representative capacity for and on behalf of her minor child, L M, arising from the neurological injury sustained during labour and delivery at Mohlakeng Clinic and Leratong Hospital.
  • The defendant shall pay the plaintiff's taxed or agreed party and party costs of suit on the High Court scale, including costs for expert witnesses, qualifying and appearance fees, preparation costs, air transport and accommodation for Dr Murray, and reasonable counsel fees for preparation of heads of argument.