Madida obo S.S.M v MEC for Health for the Province of KwaZulu-Natal (14275/2014) [2016] ZAKZPHC 27 (14 March 2016)

Madida obo S.S.M v MEC for Health for the Province of KwaZulu-Natal (14275/2014) [2016] ZAKZPHC 27 (14 March 2016)

The court found that the defendant's employees failed to follow established medical protocols for managing a high-risk labour, including the absence of a medical officer at critical times and inappropriate application of fundal pressure. The hospital records, which were under the defendant's control, demonstrated that the plaintiff was a primagravida teenager of short stature, presenting a high-risk labour that required medical intervention. The failure to intervene resulted in hypoxic ischemic encephalopathy and severe disabilities for the child. The defendant's inability to provide a substantive defence or timely engage experts, coupled with statutory and professional breaches in...

Citation
[2016] ZAKZPHC 27
Parties
Applicant: Nompumelelo Polite Madida (obo S.S.M); Respondent: MEC for Health for the Province of KwaZulu-Natal
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
14 March 2016
Case Number
14275/2014
Procedural Posture
Civil Trial / Liability and Costs; Quantum Postponed
Outcome
The defendant is liable for damages arising from medical negligence, subject to proof of quantum. Costs to date are awarded to the plaintiff on a party and party scale, including specified expert and preparation costs.
Judges
D Pillay
Legal Topics
Medical Negligence, Hospital Records Preservation, Causation in Birth Injury, Costs Award, Statutory Duties of Health Professionals
Delict Civil Procedure Family and Children Medical Negligence Hospital Records Preservation Causation in Birth Injury Costs Award Statutory Duties of Health Professionals

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Parties

Nompumelelo Polite Madida (obo S.S.M)

Applicant

MEC for Health for the Province of KwaZulu-Natal

Respondent

Procedural Posture

Civil Trial / Liability and Costs; Quantum Postponed

Legal Issues

  1. 1 Whether the defendant's employees were negligent in the management of the plaintiff's labour and delivery, resulting in cerebral palsy and related injuries to the child.
  2. 2 Whether the defendant failed in its statutory and professional duty to preserve and provide hospital records.
  3. 3 Whether the defendant is liable for damages arising from medical negligence.

Ratio Decidendi

The court found that the defendant's employees failed to follow established medical protocols for managing a high-risk labour, including the absence of a medical officer at critical times and inappropriate application of fundal pressure. The hospital records, which were under the defendant's control, demonstrated that the plaintiff was a primagravida teenager of short stature, presenting a high-risk labour that required medical intervention. The failure to intervene resulted in hypoxic ischemic encephalopathy and severe disabilities for the child. The defendant's inability to provide a substantive defence or timely engage experts, coupled with statutory and professional breaches in...

Court Disposition

The defendant is liable for damages arising from medical negligence, subject to proof of quantum. Costs to date are awarded to the plaintiff on a party and party scale, including specified expert and preparation costs.

Orders

  • The defendant is liable to pay the plaintiff for such damages as she is able to prove in due course.
  • The defendant is ordered to pay the plaintiff’s costs to date (including the costs of the formal application for the adjournment of the trial) on the scale as between party and party; such costs to include the costs of both senior and junior counsel, their fees for preparation for the trial, the opposed application,...