MEC for Health, Limpopo v L W M obo D M (502/2021) [2022] ZASCA 146 (27 October 2022)

MEC for Health, Limpopo v L W M obo D M (502/2021) [2022] ZASCA 146 (27 October 2022)

The Supreme Court of Appeal found that the hospital staff failed to adequately monitor the mother and foetus during the most critical stage of labour, in breach of the applicable maternity guidelines. The evidence established that no monitoring occurred for at least 95 minutes prior to delivery, despite clear...

Source-derived case information.

Citation
[2022] ZASCA 146
Parties
Appellant: THE MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH, LIMPOPO PROVINCIAL GOVERNMENT; Respondent: L W M obo D M; Amicus Curiae: HEALTH, EASTERN CAPE
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 October 2022
Case Number
502/2021
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs occasioned by the employment of two counsel.
Judges
Van der Merwe, Molemela, Gorven, Daffue, Salie-Hlophe
Legal Topics
Medical Negligence, Vicarious Liability, Causation, Expert Evidence, Cerebral Palsy, Hospital Standard of Care
Delict Civil Procedure Family and Children Medical Negligence Vicarious Liability Causation Expert Evidence Cerebral Palsy +1 more

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Parties

THE MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH, LIMPOPO PROVINCIAL GOVERNMENT

Appellant

L W M obo D M

Respondent

HEALTH, EASTERN CAPE

Amicus Curiae

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the hospital staff were negligent in monitoring the mother and foetus during labour.
  2. 2 Whether the negligence was causally connected to the child's brain damage and subsequent cerebral palsy.
  3. 3 Whether the expert evidence established a sufficient causal link between the omissions and the harm suffered.

Ratio Decidendi

The Supreme Court of Appeal found that the hospital staff failed to adequately monitor the mother and foetus during the most critical stage of labour, in breach of the applicable maternity guidelines. The evidence established that no monitoring occurred for at least 95 minutes prior to delivery, despite clear indications of slow labour progression and meconium-stained liquor, which required urgent intervention. Expert evidence, particularly that of Prof Smith, demonstrated that intermittent, subacute hypoxic events can cause basal ganglia-thalamic brain injuries even in the absence of a sentinel event. The appellant failed to present any expert evidence to refute this theory or to provide...

Court Disposition

Appeal dismissed with costs, including costs occasioned by the employment of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs occasioned by the employment of two counsel.
  • The application by the amicus curiae to adduce further evidence on appeal is dismissed with costs.