ZS obo OS v Member of the Executive Council Responsible for Health in the Eastern Cape (1692/2017) [2019] ZAECMHC 72 (19 November 2019)

ZS obo OS v Member of the Executive Council Responsible for Health in the Eastern Cape (1692/2017) [2019] ZAECMHC 72 (19 November 2019)

The court found that the plaintiff's personal claim had not prescribed because, although she had knowledge of the facts necessary to institute an action for damages shortly after her child's birth, she only acquired knowledge of the identity of the defendant on 15 March 2018 after consulting her attorney. The defendant failed to discharge the onus of proving earlier knowledge. On the merits, the court accepted the joint minute of the expert obstetricians and gynaecologists, which established that the monitoring and care provided to the plaintiff and her unborn child were substandard and did not meet the Guidelines for Maternity Care. The failure to monitor the plaintiff and her child...

Citation
[2019] ZAECMHC 72
Parties
Plaintiff: ZS obo OS; Defendant: Member of the Executive Council Responsible for Health in the Eastern Cape
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
19 November 2019
Case Number
1692/2017
Procedural Posture
Civil Trial / Liability and Prescription Separated From Quantum; Liability Determined
Outcome
The defendant is found liable for 100% of the plaintiff's damages in both her personal and representative capacities. Quantum of damages is to be determined at a later stage.
Judges
Bloem
Legal Topics
Medical Negligence, Prescription Act, Vicarious Liability, Institution of Legal Proceedings Against Organs of State, Standard of Care, Personal Injury
Delict Civil Procedure Family and Children Medical Negligence Prescription Act Vicarious Liability Institution of Legal Proceedings Against Organs of State Standard of Care +1 more

Case Brief

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Parties

ZS obo OS

Plaintiff

Member of the Executive Council Responsible for Health in the Eastern Cape

Defendant

Procedural Posture

Civil Trial / Liability and Prescription Separated From Quantum; Liability Determined

Legal Issues

  1. 1 Whether the plaintiff's personal claim against the defendant has prescribed.
  2. 2 Whether the medical and nursing staff at Dr Malizo Mpehle Hospital were negligent and whether such negligence caused the hypoxic ischaemic injury to the child.

Ratio Decidendi

The court found that the plaintiff's personal claim had not prescribed because, although she had knowledge of the facts necessary to institute an action for damages shortly after her child's birth, she only acquired knowledge of the identity of the defendant on 15 March 2018 after consulting her attorney. The defendant failed to discharge the onus of proving earlier knowledge. On the merits, the court accepted the joint minute of the expert obstetricians and gynaecologists, which established that the monitoring and care provided to the plaintiff and her unborn child were substandard and did not meet the Guidelines for Maternity Care. The failure to monitor the plaintiff and her child...

Court Disposition

The defendant is found liable for 100% of the plaintiff's damages in both her personal and representative capacities. Quantum of damages is to be determined at a later stage.

Orders

  • The defendant is liable to pay 100% of all damages suffered by the plaintiff, in her personal and representative capacity, as a result of the brain injury negligently caused to her minor child by the defendant's employees.
  • The determination of the quantum of the plaintiff's damages shall stand over for determination at a later stage.