TN obo BN v Member of the Executive Council for Health, Eastern Cape (36/2017) [2023] ZAECBHC 3; 2023 (3) SA 270 (ECB) (7 February 2023)

TN obo BN v Member of the Executive Council for Health, Eastern Cape (36/2017) [2023] ZAECBHC 3; 2023 (3) SA 270 (ECB) (7 February 2023)

The court found that the common law should be developed to accommodate the public healthcare and undertaking to pay remedies in medical negligence claims against the state. This development is justified under sections 39(2) and 173 of the Constitution, as the existing rules (once and for all and monetary damages) increasingly undermine the state's ability to fulfil its constitutional obligations to provide healthcare to the broader population. The court determined that the appropriate standard for public healthcare services is a reasonable standard, not necessarily equivalent to private sector, and that the defendant had established on the evidence that the relevant hospitals can provide...

Citation
[2023] ZAECBHC 3
Parties
Plaintiff: TN obo BN; Defendant: Member of the Executive Council for Health, Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
7 February 2023
Case Number
36/2017
Procedural Posture
Civil Trial / Final Judgment
Judges
Griffiths
Legal Topics
Medical Negligence, Public Healthcare Remedy, Development of Common Law, Once and for All Rule, Undertaking to Pay, Contingency Fees
Delict Civil Procedure Constitutional Law Medical Negligence Public Healthcare Remedy Development of Common Law Once and for All Rule Undertaking to Pay +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

TN obo BN

Plaintiff

Member of the Executive Council for Health, Eastern Cape

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Should the common law be developed to accommodate the public healthcare and undertaking to pay remedies in medical negligence claims against the state.
  2. 2 What is the appropriate standard for public healthcare services in the context of future medical expenses: reasonable, acceptably high, or equivalent to private sector.
  3. 3 Has the defendant established that the relevant hospitals can provide the required services at the determined standard.

Ratio Decidendi

The court found that the common law should be developed to accommodate the public healthcare and undertaking to pay remedies in medical negligence claims against the state. This development is justified under sections 39(2) and 173 of the Constitution, as the existing rules (once and for all and monetary damages) increasingly undermine the state's ability to fulfil its constitutional obligations to provide healthcare to the broader population. The court determined that the appropriate standard for public healthcare services is a reasonable standard, not necessarily equivalent to private sector, and that the defendant had established on the evidence that the relevant hospitals can provide...