Mallane v Member of the Executive Council Department of Health The Free State (1320/2016) [2022] ZAFSHC 69 (24 March 2022)

Mallane v Member of the Executive Council Department of Health The Free State (1320/2016) [2022] ZAFSHC 69 (24 March 2022)

The court found that the plaintiff failed to present sufficient evidence upon which a reasonable court could find for the plaintiff. The expert evidence relied upon by the plaintiff was based on flawed assumptions, particularly the alleged diagnosis of eclampsia by Dr. Mulaudzi, who did not testify and whose referral letter did not mention eclampsia. The plaintiff's expert, Dr. Mohosho, was found to lack objectivity due to his personal involvement with the family and his reliance on hearsay and untested facts. The defendant's expert reports provided alternative explanations for the deceased's condition, such as rheumatic heart disease and stroke, and did not support a finding of...

Citation
[2022] ZAFSHC 69
Parties
Plaintiff: Mphuthi Mallane; Defendant: The Member of the Executive Council Department of Health The Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 March 2022
Case Number
1320/2016
Procedural Posture
Civil Trial / Application for Absolution From the Instance After Close of Plaintiff's Case
Judges
G.J.M. Wright
Legal Topics
Medical Negligence, Absolution From the Instance, Causation, Duty of Care, Expert Evidence, Loss of Support
Delict Civil Procedure Family and Children Medical Negligence Absolution From the Instance Causation Duty of Care Expert Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mphuthi Mallane

Plaintiff

The Member of the Executive Council Department of Health The Free State

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance After Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the medical personnel at Bongani hospital negligently breached their duty of care towards the deceased upon her return to the hospital.
  2. 2 Whether the failure to diagnose and treat eclampsia caused the deceased's death.
  3. 3 Whether the plaintiff presented sufficient evidence to establish a prima facie case of negligence and causation against the defendant.

Ratio Decidendi

The court found that the plaintiff failed to present sufficient evidence upon which a reasonable court could find for the plaintiff. The expert evidence relied upon by the plaintiff was based on flawed assumptions, particularly the alleged diagnosis of eclampsia by Dr. Mulaudzi, who did not testify and whose referral letter did not mention eclampsia. The plaintiff's expert, Dr. Mohosho, was found to lack objectivity due to his personal involvement with the family and his reliance on hearsay and untested facts. The defendant's expert reports provided alternative explanations for the deceased's condition, such as rheumatic heart disease and stroke, and did not support a finding of...