N.P.S obo A.S v Member of the Executive Council for Health, Gauteng (55763/2020) [2024] ZAGPPHC 228 (12 March 2024)

N.P.S obo A.S v Member of the Executive Council for Health, Gauteng (55763/2020) [2024] ZAGPPHC 228 (12 March 2024)

The court found that the defendant's personnel at Thelle Mogoerane Hospital failed to adhere to the mandatory Guidelines for Prevention, Screening and Treatment of Retinopathy of Prematurity. The evidence established that A was discharged without proper screening or follow-up appointments, and the risks of ROP were not discussed with her parents. Expert testimony was unanimous that compliance with the Guidelines would likely have prevented A's blindness. The defendant's refusal to be bound by joint expert minutes was tactical and unsupported by evidence, and no expert evidence was led to challenge the plaintiff's case. The defendant's conduct throughout the litigation was obstructive and...

Citation
[2024] ZAGPPHC 228
Parties
Plaintiff: N[...] P[...] obo A[...] S[...]; Defendant: Member of the Executive Council for Health, Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 March 2024
Case Number
55763/2020
Procedural Posture
Civil Trial / Liability Separated From Quantum; Judgment on Liability Only
Outcome
Plaintiff's case upheld; defendant found negligent and liable for damages. Liability separated from quantum, which is to be determined later.
Judges
Bam
Legal Topics
Medical Negligence, Standard of Care, Expert Evidence, Retinopathy of Prematurity, Childhood Blindness, Costs Order
Delict Civil Procedure Family and Children Medical Negligence Standard of Care Expert Evidence Retinopathy of Prematurity Childhood Blindness +1 more

Case Brief

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Parties

N[...] P[...] obo A[...] S[...]

Plaintiff

Member of the Executive Council for Health, Gauteng

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Judgment on Liability Only

Legal Issues

  1. 1 Whether the defendant's personnel at Thelle Mogoerane Hospital were negligent in failing to adhere to the Guidelines for Prevention, Screening and Treatment of Retinopathy of Prematurity (ROP).
  2. 2 Whether such negligence caused A's blindness.
  3. 3 Whether the defendant is liable for damages arising from the alleged negligence.

Ratio Decidendi

The court found that the defendant's personnel at Thelle Mogoerane Hospital failed to adhere to the mandatory Guidelines for Prevention, Screening and Treatment of Retinopathy of Prematurity. The evidence established that A was discharged without proper screening or follow-up appointments, and the risks of ROP were not discussed with her parents. Expert testimony was unanimous that compliance with the Guidelines would likely have prevented A's blindness. The defendant's refusal to be bound by joint expert minutes was tactical and unsupported by evidence, and no expert evidence was led to challenge the plaintiff's case. The defendant's conduct throughout the litigation was obstructive and...

Court Disposition

Plaintiff's case upheld; defendant found negligent and liable for damages. Liability separated from quantum, which is to be determined later.

Orders

  • The defendant must pay the plaintiff's proved or agreed damages.
  • The defendant must pay the plaintiff's costs, including the costs occasioned by the employment of two counsel, on a scale as between attorney and client.