Roets v Magobotho and Others (17156/2011) [2016] ZAGPJHC 331 (8 December 2016)

Roets v Magobotho and Others (17156/2011) [2016] ZAGPJHC 331 (8 December 2016)

The court held that the application for absolution from the instance must be refused. The plaintiff presented evidence that the initial negligent misalignment of the hip prosthesis exposed her to the risk of revision surgery and its inherent complications, including sepsis and further immobility. The defendants' argument that Dr Steyn's subsequent intervention constituted a novus actus interveniens was rejected, as there was no evidence of negligence on Dr Steyn's part and the risks were inherent to the revision procedure. The court found that a reasonable court might find for the plaintiff on the evidence presented, and the low threshold for absolution was met. Costs of the application...

Citation
[2016] ZAGPJHC 331
Parties
Plaintiff: Johanna Herculina Roets; Defendant: Sebastian Keith McDonald Magobotho; Defendant: Zanul Aberdeen Abubaker Peer; Defendant: MEC: Health and Social Development, Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 December 2016
Case Number
17156/2011
Procedural Posture
Civil Application / Application for Absolution From the Instance at the Close of Plaintiff's Case
Outcome
Application for absolution from the instance refused. Costs of the application are costs in the cause.
Judges
Van der Linde
Legal Topics
Medical Negligence, Absolution From the Instance, Novus Actus Interveniens, Causation, Damages
Delict Civil Procedure Medical Negligence Absolution From the Instance Novus Actus Interveniens Causation Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Johanna Herculina Roets

Plaintiff

Sebastian Keith McDonald Magobotho

Defendant

Zanul Aberdeen Abubaker Peer

Defendant

MEC: Health and Social Development, Gauteng Province

Defendant

Procedural Posture

Civil Application / Application for Absolution From the Instance at the Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff has presented sufficient evidence for the case to proceed beyond absolution from the instance.
  2. 2 Whether the alleged negligent misalignment of the hip prosthesis by the defendants was the legal cause of the plaintiff's current condition.
  3. 3 Whether the subsequent intervention by Dr Steyn constituted a novus actus interveniens breaking the chain of causation.

Ratio Decidendi

The court held that the application for absolution from the instance must be refused. The plaintiff presented evidence that the initial negligent misalignment of the hip prosthesis exposed her to the risk of revision surgery and its inherent complications, including sepsis and further immobility. The defendants' argument that Dr Steyn's subsequent intervention constituted a novus actus interveniens was rejected, as there was no evidence of negligence on Dr Steyn's part and the risks were inherent to the revision procedure. The court found that a reasonable court might find for the plaintiff on the evidence presented, and the low threshold for absolution was met. Costs of the application...

Court Disposition

Application for absolution from the instance refused. Costs of the application are costs in the cause.

Orders

  • The application for absolution from the instance is refused.
  • Costs of the application are costs in the cause.