Michael and Another v Linksfield Park Clinic (Pty) Ltd and Another (1) (361/98) [2001] ZASCA 12; [2002] 1 All SA 384 (A); 2001 (3) SA 1188 (SCA) (13 March 2001)

Michael and Another v Linksfield Park Clinic (Pty) Ltd and Another (1) (361/98) [2001] ZASCA 12; [2002] 1 All SA 384 (A); 2001 (3) SA 1188 (SCA) (13 March 2001)

The Supreme Court of Appeal found, on the probabilities, that the cardiac arrest suffered by the patient was caused by cocaine toxicity alone, not by propranolol or a combination of both. The quantity of cocaine used was within accepted safe limits and its use was standard practice for the procedure. The anaesthetist's diagnosis and management, including the administration of propranolol, were reasonable and not negligent. The evidence did not establish that the clinic's defibrillator was defective or that ignorance of its operation caused a material delay in resuscitation. Although both the anaesthetist and the nurse were found to be ignorant of the defibrillator's features, this was not...

Citation
[2001] ZASCA 12
Parties
Appellant: Leonidas Souzou Michael; Appellant: Thelma Michael; Respondent: Linksfield Park Clinic (Pty) Limited; Respondent: Dr Hugh M Thomas
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 March 2001
Case Number
361/98
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability
Outcome
Appeal dismissed as regards liability; costs and referral issues reserved for further submissions.
Judges
CT Howie, I G Farlam, D Chetty
Legal Topics
Medical Negligence, Expert Evidence, Causation, Hospital Liability, Professional Standard of Care, Costs Orders
Delict Civil Procedure Family and Children Medical Negligence Expert Evidence Causation Hospital Liability Professional Standard of Care +1 more

Case Brief

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Parties

Leonidas Souzou Michael

Appellant

Thelma Michael

Appellant

Linksfield Park Clinic (Pty) Limited

Respondent

Dr Hugh M Thomas

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Liability

Legal Issues

  1. 1 What was the cause of the cardiac arrest suffered by the patient during surgery.
  2. 2 Was the cardiac arrest reasonably foreseeable and avoidable by the anaesthetist.
  3. 3 Did the clinic and/or anaesthetist act negligently in the management of the resuscitation process, including the use of the defibrillator.

Ratio Decidendi

The Supreme Court of Appeal found, on the probabilities, that the cardiac arrest suffered by the patient was caused by cocaine toxicity alone, not by propranolol or a combination of both. The quantity of cocaine used was within accepted safe limits and its use was standard practice for the procedure. The anaesthetist's diagnosis and management, including the administration of propranolol, were reasonable and not negligent. The evidence did not establish that the clinic's defibrillator was defective or that ignorance of its operation caused a material delay in resuscitation. Although both the anaesthetist and the nurse were found to be ignorant of the defibrillator's features, this was not...

Court Disposition

Appeal dismissed as regards liability; costs and referral issues reserved for further submissions.

Orders

  • The appeal is dismissed as regards the issue of liability.
  • All questions of costs, both of trial and appeal, stand over for later determination.