M.M v MEC for Health; Eastern Cape (580/2022) [2023] ZASCA 130 (12 October 2023)

M.M v MEC for Health; Eastern Cape (580/2022) [2023] ZASCA 130 (12 October 2023)

The Supreme Court of Appeal found that the hospital staff at Frere Hospital acted with the required standard of care. Blood for exchange transfusion was ordered on 20 October 2010 as soon as ELM's severe TSB levels were confirmed, and supportive treatment was provided while awaiting the blood. The delay in receiving blood was due to its non-availability in East London and not attributable to negligence. There was no factual evidence that the blood could have arrived earlier or that the delay caused ELM's injury. The appellant failed to discharge the onus of proving negligence or causation. The appeal was dismissed as the hospital staff were not negligent and there was no causal link...

Citation
[2023] ZASCA 130
Parties
Appellant: M M (obo E L M); Respondent: Member of the Executive Council for Health: Eastern Cape
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 October 2023
Case Number
580/2022
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division of the High Court, Bhisho
Outcome
Appeal dismissed with no order as to costs.
Judges
Saldulker, Mocumie, Hughes, Goosen, Mali
Legal Topics
Medical Negligence, Causation, Standard of Care, Hospital Liability
Delict Medical Negligence Causation Standard of Care Hospital Liability

Case Brief

Summary, issues, holding and outcome

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Parties

M M (obo E L M)

Appellant

Member of the Executive Council for Health: Eastern Cape

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division of the High Court, Bhisho

Legal Issues

  1. 1 Whether the hospital staff at Frere Hospital were negligent in their treatment of ELM.
  2. 2 Whether the alleged delay in ordering blood for exchange transfusion caused or contributed to ELM's injury.
  3. 3 Whether the hospital should be held liable for the damages suffered by the minor child.

Ratio Decidendi

The Supreme Court of Appeal found that the hospital staff at Frere Hospital acted with the required standard of care. Blood for exchange transfusion was ordered on 20 October 2010 as soon as ELM's severe TSB levels were confirmed, and supportive treatment was provided while awaiting the blood. The delay in receiving blood was due to its non-availability in East London and not attributable to negligence. There was no factual evidence that the blood could have arrived earlier or that the delay caused ELM's injury. The appellant failed to discharge the onus of proving negligence or causation. The appeal was dismissed as the hospital staff were not negligent and there was no causal link...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed with no order as to costs.