Saki v Member of the Executive Council of the Department of Health, Eastern Cape Government (CA 161/2019) [2020] ZAECGHC 107 (18 September 2020)

Saki v Member of the Executive Council of the Department of Health, Eastern Cape Government (CA 161/2019) [2020] ZAECGHC 107 (18 September 2020)

The court found that the magistrate erred in her factual findings and legal reasoning, particularly regarding the concealment of the shard of glass and the application of res ipsa loquitur. The evidence established that the wound was not properly explored or cleaned by the respondents' employees, and the shard of glass should have been detected given its size and the appellant's slender build. The failure to detect and remove the shard constituted negligence, which directly caused the infection, pain, and suffering endured by the appellant. The appellant discharged the onus of proof on a balance of probabilities. The quantum of damages was assessed with reference to comparable cases, but...

Citation
[2020] ZAECGHC 107
Parties
Appellant: Andile Saki; Respondent: Member of the Executive Council of the Department of Health, Eastern Cape Government; Respondent: Medical Superintendent, Livingstone Hospital
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
18 September 2020
Case Number
CA 161/2019
Procedural Posture
Civil Appeal / Appeal From Regional Court Judgment
Outcome
Appeal upheld. Judgment granted in favour of the appellant against the respondents for general and special damages, interest, and costs.
Judges
V Naidu, J E Smith
Legal Topics
Medical Negligence, Onus of Proof, Assessment of Damages, Expert Evidence, Res Ipsa Loquitur, Hospital Liability
Delict Civil Procedure Family and Children Medical Negligence Onus of Proof Assessment of Damages Expert Evidence Res Ipsa Loquitur +1 more

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Parties

Andile Saki

Appellant

Member of the Executive Council of the Department of Health, Eastern Cape Government

Respondent

Medical Superintendent, Livingstone Hospital

Respondent

Procedural Posture

Civil Appeal / Appeal From Regional Court Judgment

Legal Issues

  1. 1 Whether the employees of the respondents were negligent in failing to properly assess and clean the appellant's wound, resulting in a shard of glass remaining and causing infection.
  2. 2 Whether the appellant discharged the onus of proving negligence and causation on a balance of probabilities.
  3. 3 What is the appropriate quantum of damages for pain, suffering, and future medical expenses.

Ratio Decidendi

The court found that the magistrate erred in her factual findings and legal reasoning, particularly regarding the concealment of the shard of glass and the application of res ipsa loquitur. The evidence established that the wound was not properly explored or cleaned by the respondents' employees, and the shard of glass should have been detected given its size and the appellant's slender build. The failure to detect and remove the shard constituted negligence, which directly caused the infection, pain, and suffering endured by the appellant. The appellant discharged the onus of proof on a balance of probabilities. The quantum of damages was assessed with reference to comparable cases, but...

Court Disposition

Appeal upheld. Judgment granted in favour of the appellant against the respondents for general and special damages, interest, and costs.

Orders

  • The appeal is upheld, with costs.
  • The order of the court below is set aside and substituted with judgment in favour of the plaintiff against the defendants.