T.S and Another v Life Healthcare Group (Pty) Ltd and Another (10227/2014) [2017] ZAKZDHC 12; 2017 (4) SA 580 (KZD) (20 March 2017)

T.S and Another v Life Healthcare Group (Pty) Ltd and Another (10227/2014) [2017] ZAKZDHC 12; 2017 (4) SA 580 (KZD) (20 March 2017)

The court found that Dr Suliman owed the patient a legal duty as the covering obstetrician from the time he was notified of her admission and began managing her care telephonically. He was negligent in failing to attend to the patient in person during labour and verify her condition. However, the hospital failed to prove on a balance of probabilities that this negligence was causally linked to the cerebral palsy suffered by the child. Expert evidence did not establish that earlier intervention by Dr Suliman would have prevented the harm. Consequently, the hospital's claim for a contribution from Dr Suliman under the Apportionment of Damages Act was dismissed.

Citation
[2017] ZAKZDHC 12
Parties
Plaintiff: T. S.; Plaintiff: M. S.; Defendant: Life Healthcare Group (Pty) Ltd; Defendant: Dr Abdool Samad Suliman
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
20 March 2017
Case Number
10227/2014
Procedural Posture
Civil Trial / Apportionment of Liability Between Defendants After Settlement With Plaintiffs
Outcome
The first defendant's claim against the second defendant is dismissed with costs, including the costs of senior counsel.
Judges
Ploos van Amstel
Legal Topics
Medical Negligence, Apportionment of Damages Act, Wrongfulness, Causation, Doctor Patient Relationship, Birth Injury
Delict Civil Procedure Family and Children Medical Negligence Apportionment of Damages Act Wrongfulness Causation Doctor Patient Relationship +1 more

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Parties

T. S.

Plaintiff

M. S.

Plaintiff

Life Healthcare Group (Pty) Ltd

Defendant

Dr Abdool Samad Suliman

Defendant

Procedural Posture

Civil Trial / Apportionment of Liability Between Defendants After Settlement With Plaintiffs

Legal Issues

  1. 1 Whether Dr Suliman owed a legal duty to the patient prior to his physical attendance at the hospital.
  2. 2 Whether Dr Suliman was negligent in his management of the patient during labour.
  3. 3 Whether any negligence by Dr Suliman was causally linked to the cerebral palsy suffered by the child.

Ratio Decidendi

The court found that Dr Suliman owed the patient a legal duty as the covering obstetrician from the time he was notified of her admission and began managing her care telephonically. He was negligent in failing to attend to the patient in person during labour and verify her condition. However, the hospital failed to prove on a balance of probabilities that this negligence was causally linked to the cerebral palsy suffered by the child. Expert evidence did not establish that earlier intervention by Dr Suliman would have prevented the harm. Consequently, the hospital's claim for a contribution from Dr Suliman under the Apportionment of Damages Act was dismissed.

Court Disposition

The first defendant's claim against the second defendant is dismissed with costs, including the costs of senior counsel.

Orders

  • The first defendant’s claim against the second defendant is dismissed with costs, including the costs of senior counsel.