B.J v Member of the Executive Council For Health, Gauteng (33179/2017)
B.J v Member of the Executive Council For Health, Gauteng (33179/2017) [2024] ZAGPPHC 217 (26 February 2024)
The defendant conceded negligence in the management of the plaintiff's third degree perineal tear and related sequelae, as confirmed by expert consensus. The only remaining issue was whether the plaintiff's epilepsy, diagnosed in 2019, was causally linked to the defendant's negligent conduct. The court found that the expert evidence, particularly from Dr Smuts, did not logically or factually establish a causal connection between the obstetric injury and the epilepsy. The expert's reasoning was vague, lacked specificity regarding the operations and hospitalizations, and acknowledged multiple p…
Source excerpt
- Medical Negligence
- Obstetric Injury
- Causation
- State Liability Act
- Expert Evidence
- Quantum Separation