M obo M v Member of Executive Council for Health, Gauteng Province (15141/21) [2024] ZAGPJHC 1253 (29 November 2024)

M obo M v Member of Executive Council for Health, Gauteng Province (15141/21) [2024] ZAGPJHC 1253 (29 November 2024)

The court found that while there was a delay in moving the plaintiff to the operating theatre for a caesarean section, and essential medical records were incomplete, the evidence established negligence in the care provided to the plaintiff and her child. However, this negligence did not extend to the midwives but was attributable to the broader medical team. The delay between 18h45 and 19h45 was critical and contributed to the circumstances leading to the child's cerebral palsy. The court held the defendant liable for damages, but noted the absence of an actuarial report supporting the full quantum claimed. The court awarded damages based on comparable cases and apportioned liability...

Citation
[2024] ZAGPJHC 1253
Parties
Plaintiff: M[...] M[...] obo M[...] J; Defendant: Member of the Executive Council for Health, Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 November 2024
Case Number
15141/21
Procedural Posture
Delictual Claim / Trial Judgment
Outcome
The defendant is ordered to pay the plaintiff, on behalf of the minor child, R11,000,000.00 in full and final settlement of the claim, with payment to be made within 90 days. An inter vivos trust must be created for the minor child, with at least one independent trustee, and monthly allowances for care and...
Judges
Nkoenyane
Legal Topics
Medical Negligence, Cerebral Palsy, Quantum of Damages, Expert Evidence, State Liability, Apportionment of Liability
Delict Civil Procedure Family and Children Medical Negligence Cerebral Palsy Quantum of Damages Expert Evidence State Liability +1 more

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Parties

M[...] M[...] obo M[...] J

Plaintiff

Member of the Executive Council for Health, Gauteng Province

Defendant

Procedural Posture

Delictual Claim / Trial Judgment

Legal Issues

  1. 1 Whether the hospital staff at Tambo Memorial Hospital were negligent in the care provided to the plaintiff during labour and delivery.
  2. 2 Whether such negligence caused the minor child's brain injury and resultant cerebral palsy.
  3. 3 Whether the delay in performing a caesarean section constituted substandard care.

Ratio Decidendi

The court found that while there was a delay in moving the plaintiff to the operating theatre for a caesarean section, and essential medical records were incomplete, the evidence established negligence in the care provided to the plaintiff and her child. However, this negligence did not extend to the midwives but was attributable to the broader medical team. The delay between 18h45 and 19h45 was critical and contributed to the circumstances leading to the child's cerebral palsy. The court held the defendant liable for damages, but noted the absence of an actuarial report supporting the full quantum claimed. The court awarded damages based on comparable cases and apportioned liability...

Court Disposition

The defendant is ordered to pay the plaintiff, on behalf of the minor child, R11,000,000.00 in full and final settlement of the claim, with payment to be made within 90 days. An inter vivos trust must be created for the minor child, with at least one independent trustee, and monthly allowances for care and...

Orders

  • The defendant shall pay the plaintiff, on behalf of the minor child, R11,000,000.00 within 90 days of the order.
  • An inter vivos trust shall be created for the minor child, with at least one independent trustee, and monthly allowances for care and maintenance stipulated.