Maseko v Member of Executive Council for Health, Gauteng Provincial Government (28974/2016) [2025] ZAGPJHC 568 (5 June 2025)

Maseko v Member of Executive Council for Health, Gauteng Provincial Government (28974/2016) [2025] ZAGPJHC 568 (5 June 2025)

The court found that the medical staff at Far East Rand Hospital failed to act as reasonable medical practitioners would have under the circumstances. The deceased presented with severe pain and inability to walk, requiring further investigation beyond standard X-rays. Expert evidence established that a CT scan or rotational X-ray was available and should have been used to diagnose the femur neck fracture earlier. The failure to conduct further examination constituted a breach of duty and negligence. Had the fracture been diagnosed earlier, less invasive treatment could have been performed, reducing pain and suffering. The defendant is therefore liable for the damages suffered by the...

Citation
[2025] ZAGPJHC 568
Parties
Plaintiff: Alinah Matlhodi Nthabiseng Maseko; Defendant: Member of Executive Council for Health, Gauteng Provincial Government
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 June 2025
Case Number
28974/2016
Procedural Posture
Civil Trial / Merits Only
Outcome
Judgment for the plaintiff. The defendant is declared liable for 100% of the damages suffered by the deceased, subject to proof of quantum.
Judges
M M Mabesele
Legal Topics
Medical Negligence, General Damages, Burden of Proof, Expert Evidence
Delict Civil Procedure Medical Negligence General Damages Burden of Proof Expert Evidence

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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Alinah Matlhodi Nthabiseng Maseko

Plaintiff

Member of Executive Council for Health, Gauteng Provincial Government

Defendant

Procedural Posture

Civil Trial / Merits Only

Legal Issues

  1. 1 Whether the medical staff at Far East Rand Hospital were negligent in failing to properly diagnose and treat the deceased's hip injury on 28 January 2016.
  2. 2 Whether the failure to conduct further examination (CT scan or rotational X-ray) constituted a breach of duty of care.
  3. 3 Whether the plaintiff, in her representative capacity, is entitled to damages for pain and suffering caused by the alleged negligence.

Ratio Decidendi

The court found that the medical staff at Far East Rand Hospital failed to act as reasonable medical practitioners would have under the circumstances. The deceased presented with severe pain and inability to walk, requiring further investigation beyond standard X-rays. Expert evidence established that a CT scan or rotational X-ray was available and should have been used to diagnose the femur neck fracture earlier. The failure to conduct further examination constituted a breach of duty and negligence. Had the fracture been diagnosed earlier, less invasive treatment could have been performed, reducing pain and suffering. The defendant is therefore liable for the damages suffered by the...

Court Disposition

Judgment for the plaintiff. The defendant is declared liable for 100% of the damages suffered by the deceased, subject to proof of quantum.

Orders

  • The defendant is declared liable to the plaintiff, in her representative capacity, for 100% of the damages suffered by the deceased arising out of his treatment at the hospital, to the extent that such damages remain to be proven.
  • The defendant must pay the plaintiff's costs, including costs of Senior Counsel on scale 'C' and junior counsel on scale 'B' for appearances on 29 and 30 April 2025.