Loni v Member of the Executive Council, Department of Health, Eastern Cape Bhisho (CCT54/17)
Loni v Member of the Executive Council, Department of Health, Eastern Cape Bhisho (CCT54/17) [2018] ZACC 2; 2018 (3) SA 335 (CC); 2018 (6) BCLR 659 (CC) (22 February 2018)
The Constitutional Court held that the applicant had knowledge of the facts giving rise to his claim long before consulting an independent medical professional. The objective standard under section 12(3) of the Prescription Act requires that a reasonable person in the applicant's position would have suspected sub-standard treatment and sought further advice, given the ongoing pain, infection, and possession of his medical file. The Court distinguished the facts from those in Links, finding that the applicant's personal experience and available records were sufficient to trigger prescription.…
Source excerpt
- Prescription Act Section 12 3
- Medical Negligence
- Objective Standard Of Knowledge
- Reasonable Person Test
- Contractual Liability
- Fair Trial Right