Mashinini v Member of the Executive Council for Health, Gauteng Province (1352/2017) [2021] ZAGPJHC 11 (25 January 2021)

Mashinini v Member of the Executive Council for Health, Gauteng Province (1352/2017) [2021] ZAGPJHC 11 (25 January 2021)

The court found that the plaintiff suffered significant physical and psychological harm due to negligent surgery performed at a public hospital. Liability was admitted by the defendant, leaving only the quantification of damages in dispute. The court accepted expert evidence regarding the plaintiff's ongoing medical needs and the impact on her career and quality of life. Applying the public healthcare defence, the court held that future specialist surgical services could be provided at Charlotte Maxeke Johannesburg Academic Hospital at the same or better standard than the private sector, and thus ordered the MEC to render those services in kind. However, for psychiatric, psychological,...

Citation
[2021] ZAGPJHC 11
Parties
Plaintiff: Mashinini, Nomgqibelo Nelly; Defendant: Member of the Executive Council for Health, Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 January 2021
Case Number
1352/2017
Procedural Posture
Delictual Action / Quantification of Damages After Liability Admitted
Outcome
Judgment granted in favour of the plaintiff against the defendant for monetary compensation and orders for future medical services.
Judges
Adams
Legal Topics
Medical Negligence, Quantification of Damages, Public Healthcare Defence, Future Medical Expenses, Loss of Earning Capacity, General Damages
Delict Civil Procedure Medical Negligence Quantification of Damages Public Healthcare Defence Future Medical Expenses Loss of Earning Capacity General Damages

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Parties

Mashinini, Nomgqibelo Nelly

Plaintiff

Member of the Executive Council for Health, Gauteng Province

Defendant

Procedural Posture

Delictual Action / Quantification of Damages After Liability Admitted

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries resulting from negligent surgery.
  2. 2 Whether the plaintiff is entitled to monetary compensation for future medical expenses or should accept services in kind from the public healthcare system.
  3. 3 How should future loss of earnings and general damages be calculated given the plaintiff's career trajectory and medical condition.

Ratio Decidendi

The court found that the plaintiff suffered significant physical and psychological harm due to negligent surgery performed at a public hospital. Liability was admitted by the defendant, leaving only the quantification of damages in dispute. The court accepted expert evidence regarding the plaintiff's ongoing medical needs and the impact on her career and quality of life. Applying the public healthcare defence, the court held that future specialist surgical services could be provided at Charlotte Maxeke Johannesburg Academic Hospital at the same or better standard than the private sector, and thus ordered the MEC to render those services in kind. However, for psychiatric, psychological,...

Court Disposition

Judgment granted in favour of the plaintiff against the defendant for monetary compensation and orders for future medical services.

Orders

  • The plaintiff’s claim for past hospital and medical expenses is postponed sine die.
  • The MEC is directed to ensure that the services and items listed under Specialist Surgeon’s Expenses in the reports of Professor Damon Bizos and Dr B H Pienaar, and in their joint minute, are rendered to and procured for Mrs Mashinini by Charlotte Maxeke Johannesburg Academic Hospital as and when required at the...