M obo M v Member of the Executive Council for Health (65228/2012) [2015] ZAGPPHC 1139 (2 March 2015)

M obo M v Member of the Executive Council for Health (65228/2012) [2015] ZAGPPHC 1139 (2 March 2015)

The court found, on the balance of probabilities, that the plaintiff was placed in a lithotomy position on a hospital bed and left unattended during advanced labour. The unassisted delivery resulted in the newborn falling from a height of 1.2 meters to the floor. Expert evidence established that the most probable cause of the child's brain injury—a presumed perinatal ischaemic stroke resulting in cerebral palsy—was a stretch injury to the right carotid artery caused by the fall and rapid, unsupported delivery. The defendant's alternative explanations, including maternal diabetes and placental embolism, were rejected due to lack of supporting evidence. The hospital staff's failure to...

Citation
[2015] ZAGPPHC 1139
Parties
Plaintiff: M., P. P. (on behalf of K. N. M.); Defendant: Member of the Executive Council for Health
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 March 2015
Case Number
65228/2012
Procedural Posture
Civil Trial / Merits and Causation Only; Quantum Postponed
Outcome
Plaintiff successful on merits and causation; defendant found negligent and liable for damages to be proven.
Judges
AC Basson
Legal Topics
Medical Negligence, Causation, Standard of Care, Expert Evidence, Presumed Perinatal Ischaemic Stroke, Cerebral Palsy
Delict Civil Procedure Family and Children Medical Negligence Causation Standard of Care Expert Evidence Presumed Perinatal Ischaemic Stroke +1 more

Case Brief

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Parties

M., P. P. (on behalf of K. N. M.)

Plaintiff

Member of the Executive Council for Health

Defendant

Procedural Posture

Civil Trial / Merits and Causation Only; Quantum Postponed

Legal Issues

  1. 1 Was the plaintiff negligently left unattended during labour by hospital staff, resulting in her child falling from the bed during delivery?
  2. 2 Did the unassisted delivery and subsequent fall cause a stretch injury to the child's carotid artery, resulting in a presumed perinatal ischaemic stroke and cerebral palsy?
  3. 3 Was the plaintiff placed in the lithotomy position at the time of delivery, increasing the risk of injury?

Ratio Decidendi

The court found, on the balance of probabilities, that the plaintiff was placed in a lithotomy position on a hospital bed and left unattended during advanced labour. The unassisted delivery resulted in the newborn falling from a height of 1.2 meters to the floor. Expert evidence established that the most probable cause of the child's brain injury—a presumed perinatal ischaemic stroke resulting in cerebral palsy—was a stretch injury to the right carotid artery caused by the fall and rapid, unsupported delivery. The defendant's alternative explanations, including maternal diabetes and placental embolism, were rejected due to lack of supporting evidence. The hospital staff's failure to...

Court Disposition

Plaintiff successful on merits and causation; defendant found negligent and liable for damages to be proven.

Orders

  • The defendant is liable to compensate the plaintiff in respect of any such damages as the plaintiff is able to prove in due course.
  • The defendant is ordered to pay the plaintiff's costs of suit, as taxed or agreed on a party and party High Court scale, including the qualifying and reservation fees of Dr Edeling, Prof Jacklin, Ms Hanrahan, and Prof Lots.