L v MEC for Health, Gauteng (17077/2012)
L v MEC for Health, Gauteng (17077/2012) [2014] ZAGPJHC 337; 2015 (3) SA 616 (GJ) (26 November 2014)
The court found that the defendant, through its legal advisors and medical expert, failed to comply with basic standards of professional conduct and constitutional obligations. The defendant's representatives did not possess or provide the necessary medical records, failed to brief their expert adequately, and did not engage meaningfully with the plaintiff's expert evidence. Their conduct resulted in unnecessary delays, wasted court time, and increased costs. The court held that this amounted to gross negligence and incompetence, justifying a punitive costs order de bonis propriis against the…
Source excerpt
- Medical Negligence
- Costs De Bonis Propriis
- Public Service Accountability
- Discovery And Pre Trial
- Constitutional Duties Of State
- Emergency Medical Care