Mene v Member of the Executive Concil for Health in the Province of the Eastern Cape (1365/2013) [2016] ZAECMHC 38 (22 September 2016)

Mene v Member of the Executive Concil for Health in the Province of the Eastern Cape (1365/2013) [2016] ZAECMHC 38 (22 September 2016)

The court found that the evidence presented by the applicant, including expert testimony, established that the employees of the respondent at St Lucy's Hospital, Tsolo, failed to provide adequate medical care during the applicant's birth. The prolonged labour, failure to assess and monitor, and inappropriate use of vacuum extraction instead of caesarean section constituted negligence. The causal link between the negligent conduct and the resulting Erb's palsy and permanent disability was proven. The respondent's failure to lead any evidence or call expert witnesses further supported the applicant's case. The court held the respondent legally liable for the harm suffered by the applicant...

Citation
[2016] ZAECMHC 38
Parties
Applicant: Msawenkosi Mene; Respondent: Member of the Executive Council for Health in the Province of the Eastern Cape
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
22 September 2016
Case Number
1365/2013
Procedural Posture
Civil Trial / Liability Separated From Quantum; Judgment on Liability
Outcome
Plaintiff succeeded in establishing liability for negligence; damages to be determined.
Judges
Brooks
Legal Topics
Medical Negligence, Hospital Liability, Causal Negligence, Damages Assessment, Erb Palsy, Expert Evidence
Delict Civil Procedure Family and Children Medical Negligence Hospital Liability Causal Negligence Damages Assessment Erb Palsy +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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Msawenkosi Mene

Applicant

Member of the Executive Council for Health in the Province of the Eastern Cape

Respondent

Procedural Posture

Civil Trial / Liability Separated From Quantum; Judgment on Liability

Legal Issues

  1. 1 Whether employees of the defendant were negligent in the delivery of the plaintiff at St Lucy's Hospital, Tsolo.
  2. 2 Whether the defendant is legally liable for the harm suffered by the plaintiff as a result of the delivery.
  3. 3 Whether the plaintiff established a causal link between the conduct of the defendant's employees and the harm sustained.

Ratio Decidendi

The court found that the evidence presented by the applicant, including expert testimony, established that the employees of the respondent at St Lucy's Hospital, Tsolo, failed to provide adequate medical care during the applicant's birth. The prolonged labour, failure to assess and monitor, and inappropriate use of vacuum extraction instead of caesarean section constituted negligence. The causal link between the negligent conduct and the resulting Erb's palsy and permanent disability was proven. The respondent's failure to lead any evidence or call expert witnesses further supported the applicant's case. The court held the respondent legally liable for the harm suffered by the applicant...

Court Disposition

Plaintiff succeeded in establishing liability for negligence; damages to be determined.

Orders

  • The defendant is directed to make payment to the plaintiff of such damages as may be proven by the plaintiff on trial or as may be agreed upon between the parties as having been suffered by the plaintiff arising out of the Erb's palsy caused by the delivery of the plaintiff on 26 July 1994 at St Lucy's Hospital, Tsolo.
  • The defendant is further directed to pay the plaintiff's costs of suit, including travelling expenses, reservation and appearance fees, and costs of the preparation of the report and qualifying fees of Dr. C.G. Hulley, and the travelling and accommodation expenses incurred by the plaintiff's mother, Nosiseko Mene,...