M obo M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Department (2011/41603) [2018] ZAGPJHC 513 (1 October 2018)

M obo M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Department (2011/41603) [2018] ZAGPJHC 513 (1 October 2018)

The court found that the medical and nursing staff at Chris Hani Baragwanath Hospital failed to properly monitor and respond to signs of fetal distress during labour, as evidenced by the consideration of a caesarean section and the subsequent delay in delivery. The absence of hospital records was a breach of...

Source-derived case information.

Citation
[2018] ZAGPJHC 513
Parties
Plaintiff: M: B obo M: K; Defendant: THE MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH AND SOCIAL DEVELOPMENT OF THE GAUTENG PROVINCIAL DEPARTMENT
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 October 2018
Case Number
2011/41603
Procedural Posture
Civil Trial / Liability Separated From Quantum; Quantum Postponed Sine Die
Outcome
Judgment for the plaintiff; defendant found negligent and liable for damages. Quantum postponed sine die.
Judges
H Cele
Legal Topics
Medical Negligence, Cerebral Palsy, Hospital Records, Standard of Care, Causation, Public Health Liability
Delict Civil Procedure Family and Children Medical Negligence Cerebral Palsy Hospital Records Standard of Care Causation +1 more

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Parties

M: B obo M: K

Plaintiff

THE MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH AND SOCIAL DEVELOPMENT OF THE GAUTENG PROVINCIAL DEPARTMENT

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the medical and nursing staff of the defendant acted negligently during the birth process.
  2. 2 Whether the negligence caused the child to suffer cerebral palsy.
  3. 3 Whether the absence of hospital records affects the evaluation of negligence and causation.

Ratio Decidendi

The court found that the medical and nursing staff at Chris Hani Baragwanath Hospital failed to properly monitor and respond to signs of fetal distress during labour, as evidenced by the consideration of a caesarean section and the subsequent delay in delivery. The absence of hospital records was a breach of statutory duty and hindered the evaluation of care. Expert evidence established that the child suffered a prolonged partial hypoxic ischemic insult, consistent with delayed intervention. The court held that, on a balance of probabilities, the negligent omission to intervene timeously caused the child to suffer cerebral palsy. The defendant's reliance on the nuchal cord as a sole cause...

Court Disposition

Judgment for the plaintiff; defendant found negligent and liable for damages. Quantum postponed sine die.

Orders

  • Defendant is ordered to pay the costs of two counsel.
  • Quantum of damages is postponed sine die.