Marumo v Member of the Executive Council for Health: Free State Province (24/2015) [2024] ZAFSHC 66 (4 March 2024)

Marumo v Member of the Executive Council for Health: Free State Province (24/2015) [2024] ZAFSHC 66 (4 March 2024)

The court found that the defendant, through its employees at Maranatha Clinic, owed a legal duty to assist the plaintiff by calling an ambulance when her husband sought help in person. The evidence established that the clinic staff failed to log a call for emergency assistance despite being informed of the plaintiff's priority 1 condition, resulting in a delay that contributed to the stillbirth. The defendant's witnesses confirmed the timeline of calls and ambulance dispatch, but the court accepted the plaintiff's version that earlier intervention was possible and necessary. The court held that the defendant's employees were negligent in failing to assist and provide basic life support...

Citation
[2024] ZAFSHC 66
Parties
Plaintiff: Dolly Ntombizodwa Marumo; Defendant: Member of the Executive Council for Health: Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 March 2024
Case Number
24/2015
Procedural Posture
Civil Trial / Judgment After Hearing of Evidence
Outcome
Plaintiff's claim succeeded; defendant found liable for 100% of proven or agreed damages and costs.
Judges
Lekhoaba
Legal Topics
Medical Negligence, Vicarious Liability, Duty of Care, Emergency Medical Services, Assessment of Evidence
Delict Civil Procedure Medical Negligence Vicarious Liability Duty of Care Emergency Medical Services Assessment of Evidence

Case Brief

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Parties

Dolly Ntombizodwa Marumo

Plaintiff

Member of the Executive Council for Health: Free State Province

Defendant

Procedural Posture

Civil Trial / Judgment After Hearing of Evidence

Legal Issues

  1. 1 Whether the defendant breached its legal duty owed to the plaintiff by failing to dispatch an ambulance timeously.
  2. 2 Whether the defendant's employees were negligent in failing to assist the plaintiff during labour and delivery.
  3. 3 Whether the defendant is vicariously liable for the negligent acts of its employees.

Ratio Decidendi

The court found that the defendant, through its employees at Maranatha Clinic, owed a legal duty to assist the plaintiff by calling an ambulance when her husband sought help in person. The evidence established that the clinic staff failed to log a call for emergency assistance despite being informed of the plaintiff's priority 1 condition, resulting in a delay that contributed to the stillbirth. The defendant's witnesses confirmed the timeline of calls and ambulance dispatch, but the court accepted the plaintiff's version that earlier intervention was possible and necessary. The court held that the defendant's employees were negligent in failing to assist and provide basic life support...

Court Disposition

Plaintiff's claim succeeded; defendant found liable for 100% of proven or agreed damages and costs.

Orders

  • The defendant shall compensate the plaintiff for 100% of her proven or agreed damages.
  • The defendant is to pay the costs of the action, including qualifying fees of the plaintiff's expert, Dr D C Kemp.