Kgosiemang v MEC for the Department of Health, North-West Province (308/2011) [2013] ZANWHC 14 (14 February 2013)

Kgosiemang v MEC for the Department of Health, North-West Province (308/2011) [2013] ZANWHC 14 (14 February 2013)

The court found that the prescription of Phenobarbitone to the plaintiff was not negligent, as the practitioner could reasonably have concluded that the plaintiff suffered from epilepsy based on available evidence and the absence of records. The treatment at Mafikeng Hospital was appropriate and not negligent; the discharge was not premature, and the referral to the eye clinic at Thusong Hospital was in line with established practice. However, the medical staff at Thusong Hospital, specifically Dr J Musonda, were negligent in failing to refer the plaintiff to an ophthalmologist during her second admission, resulting in unnecessary pain and suffering. The court rejected the defence of...

Citation
[2013] ZANWHC 14
Parties
Plaintiff: Galaletsang Ursula M Kgosiemang; Defendant: MEC for the Department of Health, North-West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
14 February 2013
Case Number
308/2011
Procedural Posture
Civil Trial / Merits and Liability Separated From Quantum; Judgment on Liability
Outcome
Defendant liable for damages relating to failure to refer plaintiff to ophthalmologist at Thusong Hospital; costs apportioned.
Judges
A A Landman
Legal Topics
Medical Negligence, Vicarious Liability, Standard of Care, Causation, Damages, Hospital Liability
Delict Civil Procedure Family and Children Medical Negligence Vicarious Liability Standard of Care Causation Damages +1 more

Case Brief

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Parties

Galaletsang Ursula M Kgosiemang

Plaintiff

MEC for the Department of Health, North-West Province

Defendant

Procedural Posture

Civil Trial / Merits and Liability Separated From Quantum; Judgment on Liability

Legal Issues

  1. 1 Was the plaintiff negligently prescribed Phenobarbitone by medical staff?
  2. 2 Did the failure to refer the plaintiff to an ophthalmologist at Thusong Hospital constitute negligence?
  3. 3 Did any acts or omissions of medical staff cause or aggravate the plaintiff's injuries?

Ratio Decidendi

The court found that the prescription of Phenobarbitone to the plaintiff was not negligent, as the practitioner could reasonably have concluded that the plaintiff suffered from epilepsy based on available evidence and the absence of records. The treatment at Mafikeng Hospital was appropriate and not negligent; the discharge was not premature, and the referral to the eye clinic at Thusong Hospital was in line with established practice. However, the medical staff at Thusong Hospital, specifically Dr J Musonda, were negligent in failing to refer the plaintiff to an ophthalmologist during her second admission, resulting in unnecessary pain and suffering. The court rejected the defence of...

Court Disposition

Defendant liable for damages relating to failure to refer plaintiff to ophthalmologist at Thusong Hospital; costs apportioned.

Orders

  • The defendant is liable for payment of damages relating to the failure of medical staff at Thusong Hospital to refer the plaintiff to an ophthalmologist as the plaintiff may prove.
  • The defendant shall pay one third of the plaintiff's taxed or agreed party and party costs up to the date of this order, including one third of senior counsel's fees on the High Court scale.