Zonele v Member of the Executive Council of the Department of Health of the Eastern Cape Government Bhisho (241/2012) [2014] ZAECBHC 17 (23 December 2014)

Parties

Procedural Posture

Delictual Claim / Liability Trial; Quantum Postponed

Legal Issues

1. 1 Whether the medical personnel at Grey Hospital and Frere Hospital were negligent in treating the plaintiff's injury.
2. 2 Whether the failure to administer antibiotics and perform re-debridement constituted a breach of the required standard of care.
3. 3 Whether the defendant is liable for the plaintiff's damages resulting from the amputation.

Ratio Decidendi

The court found, on the probabilities, that antibiotics were not administered at Grey Hospital and that the clinical records and referral notes were silent on this crucial aspect. The evidence of the medical personnel was found to be unreliable and likely fabricated to protect the defendant. At Frere Hospital, antibiotics were only administered on the morning of 19 August 2010, well outside the critical window for effective infection prevention. Furthermore, the necessary re-debridement was not performed in time, despite clear indications and consent obtained for surgery. The failure to adhere to the accepted pillars of treatment for a type 3B fracture—early antibiotics and timely...

Court Disposition

Defendant found liable for damages suffered by the plaintiff as a result of negligent medical treatment leading to amputation.

Orders

• The defendant is liable for such damages as the plaintiff may prove or as may be agreed.
• The defendant is ordered to pay the costs of the action to date, as well as interest on such costs at the legal rate from a date 14 days after date of allocatur to date of payment, such costs to include the qualifying expenses of Dr. P. Olivier.