Makgetla v MEC for Health: Free State Province (1054/2014) [2016] ZAFSHC 164 (29 September 2016)

Makgetla v MEC for Health: Free State Province (1054/2014) [2016] ZAFSHC 164 (29 September 2016)

The court found that Ms Makgetla failed to prove, on a balance of probabilities, that the burns she suffered during surgery were caused by the negligent conduct of the hospital's medical staff. All expert evidence indicated that the risk of electrical burns during such an operation is extremely rare and that all reasonable protocols and precautions were followed. The plaintiff did not detail specific grounds of negligence in her pleadings, nor did she establish that the medical practitioners failed to exercise the requisite degree of care. The court held that there was no duty to warn the patient of a risk that was negligible and that the evidence did not justify a finding of negligence....

Citation
[2016] ZAFSHC 164
Parties
Plaintiff: Paulina Makgetla; Respondent: MEC for Health: Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 September 2016
Case Number
1054/2014
Procedural Posture
Civil Trial / Merits
Outcome
Plaintiff's claim dismissed; each party to pay their own costs.
Judges
Reinders
Legal Topics
Medical Negligence, Duty of Care, Informed Consent, Onus of Proof
Delict Medical Negligence Duty of Care Informed Consent Onus of Proof

Case Brief

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Parties

Paulina Makgetla

Plaintiff

MEC for Health: Free State Province

Respondent

Procedural Posture

Civil Trial / Merits

Legal Issues

  1. 1 Whether the burn wounds suffered by Ms Makgetla during surgery were caused by the negligent conduct of the hospital's medical staff.
  2. 2 Whether the medical practitioners breached their duty of care owed to Ms Makgetla.
  3. 3 Whether the risk of electrical burns was sufficiently foreseeable and preventable by reasonable protocols.

Ratio Decidendi

The court found that Ms Makgetla failed to prove, on a balance of probabilities, that the burns she suffered during surgery were caused by the negligent conduct of the hospital's medical staff. All expert evidence indicated that the risk of electrical burns during such an operation is extremely rare and that all reasonable protocols and precautions were followed. The plaintiff did not detail specific grounds of negligence in her pleadings, nor did she establish that the medical practitioners failed to exercise the requisite degree of care. The court held that there was no duty to warn the patient of a risk that was negligible and that the evidence did not justify a finding of negligence....

Court Disposition

Plaintiff's claim dismissed; each party to pay their own costs.

Orders

  • The plaintiff’s claim is dismissed.
  • Each party to pay his or her own costs.