P.M obo A.M v MEC, Department of Health North West Provincial Government (754/2016) [2020] ZANWHC 6 (6 February 2020)

P.M obo A.M v MEC, Department of Health North West Provincial Government (754/2016) [2020] ZANWHC 6 (6 February 2020)

The court found that while the defendant's employees were negligent in failing to monitor the plaintiff and fetus according to maternity guidelines and in applying funnel pressure, the plaintiff failed to prove on a balance of probabilities that such negligence factually caused the hypoxic ischemic injury to the minor child. The injury was of an acute profound nature, likely resulting from a sentinel event (tight nuchal cord), which could have occurred suddenly and without warning, making it undetectable and unpreventable by reasonable care. Expert evidence from both sides could not establish with certainty when the injury occurred or that it could have been prevented by earlier...

Citation
[2020] ZANWHC 6
Parties
Plaintiff: P[…] M[…] obo A[…] M[…]; Defendant: MEC, Department of Health, North West Provincial Government
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 February 2020
Case Number
754/2016
Procedural Posture
Civil Trial / Merits (liability Only); Quantum Separated
Outcome
Plaintiff's claim dismissed for failure to prove causation on a balance of probabilities.
Judges
N G Laubscher
Legal Topics
Medical Negligence, Causation in Delict, Sentinel Event, Standard of Care, Cerebral Palsy, Apgar Scores
Delict Civil Procedure Family and Children Medical Negligence Causation in Delict Sentinel Event Standard of Care Cerebral Palsy +1 more

Case Brief

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Parties

P[…] M[…] obo A[…] M[…]

Plaintiff

MEC, Department of Health, North West Provincial Government

Defendant

Procedural Posture

Civil Trial / Merits (liability Only); Quantum Separated

Legal Issues

  1. 1 Whether the defendant's employees were negligent in the care provided to the plaintiff during labour and delivery.
  2. 2 Whether the negligence, if any, factually caused the hypoxic ischemic injury resulting in cerebral palsy in the minor child.
  3. 3 Whether the tightly wrapped nuchal cord constituted a sentinel event and whether it was preventable or detectable by reasonable care.

Ratio Decidendi

The court found that while the defendant's employees were negligent in failing to monitor the plaintiff and fetus according to maternity guidelines and in applying funnel pressure, the plaintiff failed to prove on a balance of probabilities that such negligence factually caused the hypoxic ischemic injury to the minor child. The injury was of an acute profound nature, likely resulting from a sentinel event (tight nuchal cord), which could have occurred suddenly and without warning, making it undetectable and unpreventable by reasonable care. Expert evidence from both sides could not establish with certainty when the injury occurred or that it could have been prevented by earlier...

Court Disposition

Plaintiff's claim dismissed for failure to prove causation on a balance of probabilities.

Orders

  • The plaintiff's claim is dismissed.
  • The defendant is ordered to pay the plaintiff's wasted costs, including costs of senior counsel, for Wednesday 28 August 2019 and Thursday 29 August 2019 on an attorney and client scale.