Mukheiber v Raath and Others (262/97) [1999] ZASCA 39; [1999] 3 All SA 490 (A) (28 May 1999)

Mukheiber v Raath and Others (262/97) [1999] ZASCA 39; [1999] 3 All SA 490 (A) (28 May 1999)

The Supreme Court of Appeal held that Dr Mukheiber negligently misrepresented to the Raaths that Mrs Raath had been sterilised, which induced them to cease contraceptive measures and resulted in the birth of a healthy child. The misrepresentation was found to be material, unlawful, and negligent, given the special doctor-patient relationship and the foreseeable risk of economic loss. The court rejected arguments that public policy excludes liability for the maintenance of a healthy child, affirming that the financial burden of raising the child constitutes a legal loss recoverable in delict. The court further held that the reasons for seeking sterilisation, whether socio-economic or...

Citation
[1999] ZASCA 39
Parties
Appellant: Dr H. Mukheiber; Respondent: Sandi Raath; Respondent: Andre Raath
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 May 1999
Case Number
262/97
Procedural Posture
Civil Appeal / Appeal From Full Court of Cape of Good Hope Provincial Division
Outcome
Appeal dismissed with costs. Application to re-open the case and for condonation dismissed with costs, including costs of respondents' application to strike out.
Judges
Smalberger, Olivier, Streicher, Melunsky, Madlanga
Legal Topics
Negligent Misrepresentation, Pure Economic Loss, Wrongful Conception, Medical Negligence, Actio Legis Aquiliae
Delict Negligent Misrepresentation Pure Economic Loss Wrongful Conception Medical Negligence Actio Legis Aquiliae

Case Brief

Summary, issues, holding and outcome

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Parties

Dr H. Mukheiber

Appellant

Sandi Raath

Respondent

Andre Raath

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court of Cape of Good Hope Provincial Division

Legal Issues

  1. 1 Whether a medical practitioner is delictually liable for negligent misrepresentation resulting in the birth of a healthy child after advising that sterilisation had been performed.
  2. 2 Whether public policy excludes or limits liability for damages arising from wrongful conception due to medical misrepresentation.
  3. 3 Whether damages for confinement costs and maintenance of the child are recoverable under Aquilian liability.

Ratio Decidendi

The Supreme Court of Appeal held that Dr Mukheiber negligently misrepresented to the Raaths that Mrs Raath had been sterilised, which induced them to cease contraceptive measures and resulted in the birth of a healthy child. The misrepresentation was found to be material, unlawful, and negligent, given the special doctor-patient relationship and the foreseeable risk of economic loss. The court rejected arguments that public policy excludes liability for the maintenance of a healthy child, affirming that the financial burden of raising the child constitutes a legal loss recoverable in delict. The court further held that the reasons for seeking sterilisation, whether socio-economic or...

Court Disposition

Appeal dismissed with costs. Application to re-open the case and for condonation dismissed with costs, including costs of respondents' application to strike out.

Orders

  • The appeal is dismissed with costs.
  • The application for the re-opening of the case by the appellant and the application for condonation are dismissed with costs, including the costs of the respondents' application to strike out.