Nbdaba v Buthelezi (1354/2009) [2012] ZAKZPHC 29 (22 May 2012)

Nbdaba v Buthelezi (1354/2009) [2012] ZAKZPHC 29 (22 May 2012)

The Court found, on a balance of probabilities, that the probable cause of the vesico-vaginal fistula was the devascularization of the bladder wall during the Defendant's performance of the hysterectomy. The Defendant conceded that such devascularization should not have occurred and that he could not recall the specific steps taken during the operation. The Court determined that the Defendant did not exhibit the requisite skill and care required of an average surgeon in similar circumstances. Consequently, the Defendant was found negligent in causing the bladder wall to become devascularized, resulting in the Plaintiff's injury.

Citation
[2012] ZAKZPHC 29
Parties
Plaintiff: Priscilla Zanele Nbdaba; Defendant: G. T. T. Buthelezi
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
22 May 2012
Case Number
1354/2009
Procedural Posture
Civil Trial / Liability Separated From Quantum Under Rule 33(4); Judgment on Liability
Outcome
Judgment for the Plaintiff on liability; quantum of damages to be determined.
Judges
Jappie
Legal Topics
Medical Negligence, Standard of Care, Expert Evidence, Causation, Vesico Vaginal Fistula
Delict Medical Negligence Standard of Care Expert Evidence Causation Vesico Vaginal Fistula

Case Brief

Summary, issues, holding and outcome

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Parties

Priscilla Zanele Nbdaba

Plaintiff

G. T. T. Buthelezi

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum Under Rule 33(4); Judgment on Liability

Legal Issues

  1. 1 Whether the Defendant, Dr Buthelezi, was negligent in performing a total abdominal hysterectomy on the Plaintiff resulting in a vesico-vaginal fistula.
  2. 2 Whether the Plaintiff established on a balance of probabilities that the Defendant failed to exercise reasonable skill and care.
  3. 3 Whether the formation of the vesico-vaginal fistula was an unavoidable complication or due to negligence.

Ratio Decidendi

The Court found, on a balance of probabilities, that the probable cause of the vesico-vaginal fistula was the devascularization of the bladder wall during the Defendant's performance of the hysterectomy. The Defendant conceded that such devascularization should not have occurred and that he could not recall the specific steps taken during the operation. The Court determined that the Defendant did not exhibit the requisite skill and care required of an average surgeon in similar circumstances. Consequently, the Defendant was found negligent in causing the bladder wall to become devascularized, resulting in the Plaintiff's injury.

Court Disposition

Judgment for the Plaintiff on liability; quantum of damages to be determined.

Orders

  • The Defendant is ordered to pay the Plaintiff such damages as either agreed or as the Plaintiff may establish at trial.
  • The Defendant is ordered to pay the Plaintiff's costs of the hearing to date.