P N.O. v Member of the Executive Council for Health and Social Development (Gauteng) (34461/14) [2017] ZAGPJHC 101 (30 March 2017)

P N.O. v Member of the Executive Council for Health and Social Development (Gauteng) (34461/14) [2017] ZAGPJHC 101 (30 March 2017)

The court found that the defendant was negligent in failing to implement procedures to ensure that mothers of infants discharged before day 3 of life are informed and directed to have their children examined by a qualified medical practitioner on or before day 3. The evidence established that the plaintiff was not given such advice or education, and that had she been so informed, the brain damage suffered by her child would likely have been prevented. The court rejected the defendant's argument that adequate education was provided and found no negligence in the treatment administered from clinic presentation to hospital discharge. The claim of contributory negligence against the plaintiff...

Citation
[2017] ZAGPJHC 101
Parties
Plaintiff: P. G. N.O.; Defendant: Member of the Executive Council for Health and Social Development (Gauteng)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 March 2017
Case Number
34461/14
Procedural Posture
Civil Liability / Merits Separated From Quantum; Determination of Liability Only
Outcome
Liability is determined in favour of the plaintiff in respect of the claim made on behalf of her minor child.
Judges
Fisher
Legal Topics
Medical Negligence, State Liability, Standard of Care, Contributory Negligence, Causation, Child Health Monitoring
Delict Civil Procedure Family and Children Medical Negligence State Liability Standard of Care Contributory Negligence Causation +1 more

Case Brief

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Parties

P. G. N.O.

Plaintiff

Member of the Executive Council for Health and Social Development (Gauteng)

Defendant

Procedural Posture

Civil Liability / Merits Separated From Quantum; Determination of Liability Only

Legal Issues

  1. 1 Whether the defendant was negligent in failing to inform the plaintiff to have her child examined by a qualified medical practitioner on or before day 3 of life.
  2. 2 Whether the treatment provided to the child from presentation at the clinic to discharge from hospital was negligent or causally linked to the harm suffered.
  3. 3 Whether the plaintiff was contributorily negligent in failing to seek appropriate and timeous treatment for her child.

Ratio Decidendi

The court found that the defendant was negligent in failing to implement procedures to ensure that mothers of infants discharged before day 3 of life are informed and directed to have their children examined by a qualified medical practitioner on or before day 3. The evidence established that the plaintiff was not given such advice or education, and that had she been so informed, the brain damage suffered by her child would likely have been prevented. The court rejected the defendant's argument that adequate education was provided and found no negligence in the treatment administered from clinic presentation to hospital discharge. The claim of contributory negligence against the plaintiff...

Court Disposition

Liability is determined in favour of the plaintiff in respect of the claim made on behalf of her minor child.

Orders

  • The question of liability is determined in favour of the first plaintiff in respect of the claim made on behalf of her minor child, N. P.
  • The costs of this separated issue are awarded to the first plaintiff to the extent of her claim made on behalf of the minor child N. P.