N.M v Member of the Executive Council for Health KwaZulu-Natal (8432/15) [2018] ZAKZDHC 44 (28 September 2018)

N.M v Member of the Executive Council for Health KwaZulu-Natal (8432/15) [2018] ZAKZDHC 44 (28 September 2018)

The court found that the plaintiff presented with multiple high-risk factors, including diabetes, morbid obesity, short stature, advanced age, and multiparity, which were not adequately managed by the defendant's staff. The hospital failed to conduct sufficient ultrasound scans, misestimated the foetal weight, and did not counsel the plaintiff regarding the risks of natural delivery or offer the option of an elective caesarean section. The delivery was traumatic, and the incorrect application of the McRoberts manoeuvre and lack of proper emergency management led to the child suffering Erb's palsy. The defendant's reliance on hospital policy and the rarity of shoulder dystocia was...

Citation
[2018] ZAKZDHC 44
Parties
Plaintiff: N.M.; Defendant: Member of the Executive Council for Health KwaZulu-Natal
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
28 September 2018
Case Number
8432/15
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff; the defendant is declared liable for 100% of the plaintiff's damages arising from the birth-related disability of her child.
Judges
Mbatha
Legal Topics
Medical Negligence, Informed Consent, Shoulder Dystocia, Erb Palsy, Expert Evidence, Damages Liability
Delict Civil Procedure Family and Children Medical Negligence Informed Consent Shoulder Dystocia Erb Palsy Expert Evidence +1 more

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Parties

N.M.

Plaintiff

Member of the Executive Council for Health KwaZulu-Natal

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant's employees were negligent in the management of the plaintiff's pregnancy and delivery.
  2. 2 Whether the plaintiff was adequately counselled regarding the risks of natural delivery given her risk factors.
  3. 3 Whether the failure to offer an elective caesarean section constituted negligence.

Ratio Decidendi

The court found that the plaintiff presented with multiple high-risk factors, including diabetes, morbid obesity, short stature, advanced age, and multiparity, which were not adequately managed by the defendant's staff. The hospital failed to conduct sufficient ultrasound scans, misestimated the foetal weight, and did not counsel the plaintiff regarding the risks of natural delivery or offer the option of an elective caesarean section. The delivery was traumatic, and the incorrect application of the McRoberts manoeuvre and lack of proper emergency management led to the child suffering Erb's palsy. The defendant's reliance on hospital policy and the rarity of shoulder dystocia was...

Court Disposition

Judgment for the plaintiff; the defendant is declared liable for 100% of the plaintiff's damages arising from the birth-related disability of her child.

Orders

  • It is declared that the defendant is liable for 100% of the plaintiff’s damages, as proved or agreed, arising from the birth with disability of M. K.
  • The defendant is ordered to pay the plaintiff’s reasonable and necessary costs of the action to date on the party and party scale in the High Court, as taxed or agreed.