M.M obo E.L.M v MEC for Health Eastern Cape (517/2015) [2019] ZAECBHC 24 (19 November 2019)

Parties

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Liability

Legal Issues

1. 1 Whether Frere Hospital staff were negligent in failing to order immediate exchange blood transfusion upon detection of jaundice in the newborn.
2. 2 Whether the delay in ordering blood for transfusion caused or materially contributed to the development of kernicterus and cerebral palsy in the minor.
3. 3 Whether the defendant's plea and evidence adequately rebutted the plaintiff's allegations of negligence.

Ratio Decidendi

The court found that Frere Hospital staff were negligent in failing to order fresh blood for exchange transfusion immediately upon detection of jaundice in the newborn. The evidence, including hospital records and expert consensus, established that blood was only ordered on 21 October 2010, despite guidelines requiring immediate action when TSB levels are above threshold. The defendant's plea of lack of knowledge and reliance on Dr Harper's vague recollection did not adequately rebut the plaintiff's case. The delay in ordering blood materially contributed to the development of kernicterus and cerebral palsy in the minor. The plaintiff is entitled to judgment on liability, with costs...

Court Disposition

Plaintiff succeeds on liability; quantum postponed sine die.

Orders

• The defendant is liable to pay such damages as may be proved by the plaintiff, in her representative capacity as guardian of her minor son, arising from medical negligence at Frere Hospital in October 2010.
• The plaintiff must pay the reserved costs occasioned by the postponement on 22 October 2018.