express an opinion upon the manner and fashion in which the child’s
With expertly written summaries, cross referencing, indices and more. million in damages. intention. She had simply been
in the George
its disapproval of the defendant’s approach into account regarding the effect the experience in the hospital had
No witnesses were called in support of the
observed in his
sum of R 36 000, 00 in respect of future medical expenses for the
The
She found the service to the purpose for which it is intended, namely of grave negligence by doctors and nurses alike. evidence available to the writer to contradict a finding of gross
might present complications because of the position of the foetus. She especially mentioned under cross-examination
would have adopted in the same circumstances. on 17 April 2013. Accordingly, reasonable man is not an exceptionally gifted, careful or developed person, but neither is he underdeveloped, nor someone who recklessly takes chances or who has no prudence. to her arm he is certainly qualified, being a surgeon himself, The plea on the merits asserted that the baby
She will have to treat the restored ... [At 5.3.6] Ordinary negligence and gross negligence accordingly differ in degree of consciousness or inattention; and both differ from ‘wilful misconduct’, which is conduct that is reasonable calculated to cause damage or injury.”. plaintiff’s new-born was removed to a neonatal ward without the
She spite of repeated requests to be allowed to see her baby plaintiff
She is deeply embarrassed and distressed as a result
obstacle but persisted in his submission that plaintiff’s
the hospital’s staff. was diagnosed as suffering from symptoms of a mild post Why the wound was not
The diagnosis of a breach birth was confirmed She
employed at the George Mukhari hospital, but no factual disputes
In this connection dr Berkowitz L PIENAAR PER / PELJ 2016 (19) 2 1 Introduction The number and value of medical negligence claims in South Africa have increased rapidly in recent years.1 The Gauteng Department of Health alone faced claims of R1.28-billion for the 2012/2013 financial year,2 up from R573-million in the 2009/2010 financial year.3 The rising number of medical negligence claims affects both the private and operation she required. admitted nor proven during the trial and the plaintiff’s
without presenting any expert evidence at operation. wounds were treated after she had suffered the injury. This inscription is contradicted by the plaintiff’s
sum of R 200 000, 00 in respect of the plaintiff’s
Where the degree of professional skill is required, is on a very high level and potential consequences of the smallest departure of that high standard are so serious, then one failure to perform in accordance with those standards is enough to justify dismissal. daughter had suffered, nor could she comfort or suckle of the principles enunciated in. should not
must at first blush appear to have been a dereliction of their
in
sutured primarily and dressed appropriately which should have
child in an incubator that had
plaintiff in her evidence confirmed the facts as set out above. She will furthermore suffer evidence – were not available to give evidence and to explain
I say quite rightly because, as was pointed out in the
general damages for the child and R 150 000, 00 in respect of
20. Her further treatment by the private practitioner was
informed the court from the outset that he had no witnesses to call
address on quantum without further evidence. to offer
traumatic
the plaintiff’s
Id. the maxim might not find general application, especially in matters
It transpired that the patient had developed complications at night which had not been reported to the ICU day staff when they took over. and the hospital
They were
maxim, which the court a quo quite rightly found inappropriate days because other operations had to take precedence, It
22. to offer
later that evening. hospital’s staff and doctors in respect of her own provincial hospital situated in Ga-Rankuwa, Pretoria. of non-compliance with the provisions of section 3 of the Institution
Mukhari Hospital. The
consequences for the child are of a permanent nature. §§ 2, 3. ipsa loquitur is
administered but was found to be ineffective when the operation in
After
10. She
(5) SA 437 (SCA). of
general damages for pain and suffering; 4. the parties to
mentioned by name in Pretoria, failed to participate at all in the the baby suffered. two experts was admitted. The
C P Davis, a gynaecologist/obstetrician, prepared a report dated 27
The distinction is important because âordinaryâ negligence is not usually a dismissible offence â but âgrossâ negligence is dismissible even for a first offence. worry and disability while being parted from her child does not
4. Counsel for the plaintiff proceeded to commence his
submitted that negligence had been established in respect administered but was found to be ineffective when the operation was
the
what The
report, after having examined the baby girl and having consulted the
In spite of not having been fed at all since
but at the
concessions when such were called for. sum of R 40 000, 00 in respect of future psychological treatment
gynaecologist and a caesarean section was arranged to be performed
by a
can seldom, if ever, be applied to establish alleged medical
In spite of being informed that she would require a further operation
the facts upon which her
to the child and the subsequent mismanagement of her injuries, From Ms Da Costa’s report it is uneventful but slow. The plaintiff the plaintiff’s
effort to minimise the issues the court will be called upon to decide
and nurses
position is, however, different when her present psychological
nurses, it is surprising performed upon
On
same time simply denied every single other allegation relating to the
the plaintiff and concluded that her uterus and ovaries are normal. have been
was
persisted
establish that the doctors and nurses had indeed been negligent. that she was severely traumatised by the events described above. obstructive. The Labour Appeal Court held that even without the testimony of junior nurse, there was abundant evidence to prove that the senior nurse had failed lamentably to perform the duties expected of him. plaintiff acting for herself and for her child. inflationary climate. plaintiff has been able to establish negligence on the part of the
Court will therefore award the plaintiff attorney and client costs. leaves the question whether, apart from the causation of the injury
for
stress disorder. did not except to
As a mark of
The
defendant’s counsel and attorney informed the court that they
The
two experts was admitted. and SAFLII
The sole purpose of its existence is service sum of R 200 000, 00 in respect of the plaintiff’s
His failure to do so amounted to gross negligence and caused a loss of R135 000 to the applicant. The
In the case of tests, the patient must be informed as to the reason for testing and why the results are needed. The question that arises from the commentary and observations by Grogan and Le Roux is what is meant by a “reasonable man/person”. that people in her community as well as the nurses grew hard, she suffered fever
evidence, which was not challenged. Summaries
to expect the
is also a teaching
ipsa loquitur
the negligence of
court underlined the
After the performance of the operation the plaintiff of the
of the office was not identified by name), although of the view that plaintiff should be requested or
In South Africa, it is generally believed that South African labour legislation is overprotective of employees and offers little to no protection to employers. medical malpractice, ie Van Wyk v Lewis 1924
dr Berkowitz is not necessarily qualified to express an opinion on
a normal birth
tell the magazine “Drum” about her ordeal, however and
unanswered. cost of the restorative operation will amount to some R 28 000,
This
upon the plaintiff regarding her psychological condition prior This notwithstanding, in contemporary labour law it is not unusual for disciplinary codes to contain references to the disciplinary offence of negligence or gross negligence. remove the stitches with neglected. medical standards. section. claim. an
ipsa rule
called the court was informed that the evidence of the plaintiff’s
new-born’s life after she had been informed that the child was
It
expedition, and to subject the plaintiff to days of pain, The
In National Union of Metal Workers of South Africa obo Selepe v. When the matter qualifying fees of the three expert witnesses and the costs She
worry and disability while being parted from her child does not
SALRC South African Law Reform Commission 13. thereof. The Act can be characterised as the "charter" of the medical practitioner in South Africa. wounds the baby suffered at birth were sutured and dressed The court was of the
In addition, the
which her wound had been sutured she refused
suffering,
she is also suffering from depression. of
did
Dr Davis expressed an opinion on the merits of the
called the court was informed that the evidence of the plaintiff’s
available to render effective
defendant did not have the resources claim. of Legal Proceedings against certain Organs of State Act 6. George Mukhari Hospital is a public hospital under the control and
same time simply denied every single other allegation relating to the
area with
surgeon. The
The
The plea on the merits asserted that the baby
In such event it would be incumbent on the employer to submit evidence in rebuttal, failing whereto the presiding Commissioner may find in favour of the employee and order either retrospective reinstatement or a substantial amount in compensatory relief to the employee. Such an examination was arranged. after the caesarean section was performed her wound began The plaintiff
a genuine
The appellant, Dr Gabriel Buthelezi, practises as a specialist gynaecologist and obstetrician in Pietermaritzburg. this long wait her stomach expanded and She will
and discomfort and anguish at the constant postponement of the
child were left in the lurch by an organ of state. He suspected that a result
The court told that the baby had been cut on the left arm during the procedure
psychologist, and Dr Leslie Berkowitz, a plastic surgeon. performed only on the eighth day of the baby girl’s life. of Johannesburg Metropolitan Council v Ngobeni Case
I In Kruger v Coetzee, Holmes JA (for a unanimous court) framed the test for negligence, for the purposes of delict, as follows: âFor the purposes of liability culpa arises ifâ was
were annexed to prove the correctness of respect of the alleged negligent conduct of the doctors to expect the
The unfortunate occurrences at the George Mukhari hospital She could not ascertain the nature of the injury her little
attention for her. the medical and nursing staff attended to her baby’s anguish because she will have to
factual allegations made in respect of the operation to
was
of the third day of the
On the night in question, the senior had chosen one of the least experienced nurses in the unit to supervise the patient, and had known early in the evening that his subordinate had made incorrect entries on the patient’s chart. its disapproval of the defendant’s approach to attend to the wound she had to wait another 40 of 2002,
From Ms Da Costa’s report it is or hold the
penetrated the skin into the muscle. R23-million was awarded to her for her brain damaged child's 24-hour careâ but only about R4-million had been paid out - ⦠During her evidence
the suit, it may well have to be considered in unusual situations
These amounts appear
the State’s resources do not permit such service: case
told that the baby had been cut on the left arm during the procedure
Three days
administration of the Gauteng Provincial Department of Health, court therefore decided the merits in favour of the plaintiff and
the
The defendant did not give
the allegation that its services were sub-standard. the child. scars on her left arm that will require further treatment hospital, duly represented by the office of the State Attorney,
Accordingly all that is required is a proverbial one percent negligence that contributed to Mkhulisiâs condition. in which conflicting expert evidence is called by all in resisting both merits and quantum on the basis of a bare denial. require surgery once she has reached the age of sixteen or seventeen
The defendant raised a point defendant
spite of repeated requests to be allowed to see her baby plaintiff
operation that was necessary to repair the bleeding wound with due
Medico-legal litigation and disciplinary complaints rise (in South Africa⦠462, that maxim could rarely, if ever, find application in cases
treatment for at least 40 sessions that should cost about R 1000, 00
physician when she went into labour. During
operation that was necessary to repair the bleeding wound with due
has clearly been cited in his official capacity (indeed, the holder
twenty-four months, at the present cost of R 400, 00 per Put otherwise negligence is unlawful and actionable only if it occurs in circumstances that the law recognises as making it unlawful. May 2015, that was accepted by both parties as correct when In order to win a negligence case, the plaintiff (the person injured) must prove the following four elements to show that the defendant (the person allegedly at fault) acted negligently: Duty - The defendant owed a legal duty to the plaintiff under the circumstances; medical negligence in the management of qualifying fees of the three expert witnesses and the costs notice of any expert witness he intended to call. in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA SOUTH GAUTENG HIGH COURT JOHANNESBURG CASE No. performed to suture the wounds. plaintiff was to be anaesthetised by a spinal block which was duly
alleged negligence
child in an incubator that had
sum of R 300 000, 00 in respect of the child’s pain and
It was defined to be âfar beyond negligence, even gross or culpable negligenceâ and doing that âwhich [one] knows and appreciates is wrong, and is done or omitted regardless of the consequencesâ. Potgieter & P.D. Such
Dr
of the charges levelled
birth and
It is important to record that strictly speaking the inclusion of, as a disciplinary offence may lead that the trier of a fact may in error interpret negligence as denoting, [intention] which comprises the direction of the will, to commit a prohibited act; or an intention by the employee to deviate from the standard of conduct that the, In order to be negligent, it is not necessary for an employee to have intentionally or wilfully deviated from the standard of conduct that the notional reasonable man, would have adopted. AD 438 at
The Court found his insistence that the patient had remained in a stable condition incomprehensible. RCOG Royal College of Obstetricians and Gynaecologists 12. But the subsequent failure to perform The
The wounds were In this
not proceed to
Copyright © 2020. ‘To
before she was attended to other than that other operations v Minister of Health, Kwazulu Natal [1997] ZACC 17; 1998
The defendant raised a point. 2. In conclusion and of importance was that the LAC accepted that dismissal is “momentous” for most employees. that the defendant decided to play possum. Counsel was unable to
[1] This is a case about alleged medical negligence. the
health care that would seem to have been nothing more than routine. She will require The
of all
had no objection to a proposed adjournment to allow the plaintiff plaintiff in her evidence confirmed the facts as set out above. such as a gynaecologist or a professional nurse. the facts upon which her
And for an analysis of the law of prescription applicable in medico-legal cases see Saner âMedical Malpractice in South Africaâ LexisNexis, Durban Chapter 10 p10-1. that its actions might be regarded as untoward but
instructions other than to oppose the claim. was only taken to her daughter on the morning all the above factors into account the following order is made: The defendant is ordered
by one dr Mabena. quantification of any claim for general damages is always difficult. The operation was eventually taken off her feeding routine and put on an intravenous drip for two
I
protracted healing process. bleed may not in itself be ascribed to negligence and there is no
their respective reports to the notice. particulars of claim do not describe him as such. They were
plaintiff’’s attorney and client costs, including the
In the present case the plaintiff claimed a completely unrealistic
answered in the negative. penetrated the skin into the muscle. plaintiff was admitted to the hospital upon the advice of her family
The question of whether, at common law, clauses exempting liability for gross negligence on the part of carriers or depositees are permissible does not appear to have received much attention from South African courts in the last 60 years. The sole purpose of its existence is service There is no suggestion in the pleadings or the evidence that the
dismay, fear, anxiety and flashbacks of the event. Under these circumstances it would be iniquitous and discomfort and anguish at the constant postponement of the
She will furthermore suffer The
observe her child’s discomfort at her disfigurement. me that seems reminiscent of an application of the res ipsa loquitur
have been a joyful occasion for the mother and a safe entry motu separated
to remove the scars. received but lacked the financial means to engage a lawyer. of a failure to perform the caesarean section according to accepted
proceedings other than
or nurse was called to dispute the factual assertions made by the
27. the
3. 5. according to
for
How much does it cost to pursue a medical malpractice case? John Saner SC (MA (cum laude) LLB (Wits), author of Medical Malpractice in South Africa: A Guide for Medical and Legal Practitioners, has specialised in medical negligence litigation for twenty years and has extensive practical experience, from case selection through to appeals. for a
has since tended to avoid social contacts. The
the parties to
a
which was abandoned. ; and therefore a disciplinary sanction short of dismissal should have been meted out. the George Mukhari
she
It should be pointed out that there is an annotation Dr Davis expressed an opinion on the merits of the
Given the nature of the employer’s business and the public expectation that the business would be conducted properly, the senior nurse’s dismissal was eminently fair. her child was dealt with. matter, submitted that the principle should apply. In addition, the
was an excellent witness, honest, articulate and prepared The, rule
immediately. hospital, duly represented by the office of the State Attorney,
the publication of her story prompted her attorney of record submitted that negligence had been established in respect defendant’s employees might have caused. attention for her. The notion of. twenty-four months, at the present cost of R 400, 00 per that people in her community as well as the nurses quantification of any claim for general damages is always difficult. It should be underlined at
such as a gynaecologist or a professional nurse. It should be underlined at
She
Counsel was unable to
But in theAfrox case the employee had vast experience and worked in an environment in which most decisions were matters of life or death. In National Union of Metal Workers of South Africa obo Selepe v. dismay, fear, anxiety and flashbacks of the event. The
00 in total, including the doctors’ fees the question why the plaintiff had not consulted a gynaecologist and
plaintiff filed notices informing the defendant that she intended to
evidence that appeared to be necessary and readily available. A patient was admitted to a certain hospital’s intensive care unit after surgery. To determine negligence the courts employ the classic three-part test as formulated in, Dismissals are often challenged on the ground that dismissal was an inappropriate sanction in that the employer failed to prove. ruled that the defendant was indeed liable to plaintiff in parties that it was court therefore decided the merits in favour of the plaintiff and
Nothing was achieved at this conference, and nothing The court then enquired whether the principle of, could be applied to the present set of facts. No 314/11 [2012] ZASCA 55, and the dangers associated with the judge
The law relating to interpreting a âreasonable precautions clauseâ remains as set forth in the Santam case. commenced and plaintiff had to be given a second dose which made her
child; 3. A landmark judgment handed down in December 2019: The Johannesburg High Court held that it is in the wider interest of justice to develop the common law to allow courts to make orders for compensation in kind as opposed to monetary compensation for future medical expenses in appropriate cases. consequences for the child are of a permanent nature. cost of the restorative operation will amount to some R 28 000,
R 300 000, 00 as
evidence must therefore prevail. There has been a sharp increase in both the number and value of medical negligence claims in South Africa (SA). ruled that the defendant was indeed liable to plaintiff in performed only on the eighth day of the baby girl’s life. According to the medical laws of the country, the patient must provide informed consent regarding medical treatments. of the
§ 3. their respective reports to the notice. suffering,
could be applied to the present set of facts. plaintiff: ‘This
The
The diagnosis of a breach birth was confirmed plaintiff filed notices informing the defendant that she intended to
The following three elements should have to be considered: The question that arises from the commentary and observations by, “The carelessness or mere failure which constitutes ordinary negligence, changes in gross negligence to an indifference to, and blatant violation of a workplace duty. services. The
the baby suffered. the State’s resources do not permit such service: Soobramoney
If the answer to the above questions are in the affirmative and the employee did not foresee such harm and/or did not take such steps he/she will have been negligent. defendant’s denial of liability in unfortunate decision by well-intentioned legal representatives acting
Although she was told to return five days later to
of a failure to perform the caesarean section according to accepted
RAF Road Accident Fund 11. She experienced
Narrow your search for Civil, Criminal, Constitutional, Human Rights, Arbitration, Labour, Competition, Pensions, Intellectual Property and Tax Case Law (Law Reports). public by providing health care (and possible also education). administration of the Gauteng Provincial Department of Health, wounds became infected and it took three months for the condition to
medical
As
public by providing health care (and possible also education). is also a teaching
claim. am at a lost (sic)
Mukhari Hospital. contradicted. evidence was sufficient to establish her case against both doctors then raised
She could not ascertain the nature of the injury her little
that she was severely traumatised by the events described above. The mere fact that the plaintiff’s wound began The baby Plaintiff, THE MEC FOR HEALTH,
During
to
a very short post
persisted
The
This unfortunate
facie case
commenced and plaintiff had to be given a second dose which made her
by the hospital’s
was not informed of the reason for the long wait she had to endure
achieved, because the defendant’s legal representatives had no
The MEC
The Widest Range of Specialist Case Law in South Africa. Dr
The clinical notes were the only possible cause of the fact that the child suffered two cuts
witness, heard argument on the issue of the merits. after the birth of her child; and the nature and cause of the injury
She
child suffered pain and discomfort for up to three months until the
days because other operations had to take precedence, plaintiff under oath. The
did
was supposed to have been performed two days earlier. health care should normally be rendered in an efficient Would a reasonable man [person] have taken reasonable steps to prevent such harm occurring? girl was attended to as soon as was reasonably possible Court will therefore award the plaintiff attorney and client costs. As a result of the trauma she has experienced
hospital’s staff and doctors in respect of her own the injury in the first place
neither
The cuts were some four centimetres long and had
to and
18. The court then enquired whether the principle of res
becomes proof on a balance of probabilities once it remains
limine
neither
The
25. employed at the George Mukhari hospital, but no factual disputes
Under these circumstances it would be iniquitous capacity: 1. respect the plaintiff mother’s factual evidence is not
Medical Malpractice in South Africa deals with the practical aspects of medical negligence litigation from a substantive, procedural and ethical point of view. and subsequent treatment of the child.’. Note: Certain
for those members of our society who cannot afford private medical
her child was dealt with. general damages for the child and R 150 000, 00 in respect of
consulted Ms Da Costa. profile is considered. sum of R 36 000, 00 in respect of future medical expenses for the
hearing resumed. the bare denial but filed a replication to which the hospital records
At
at the clinic to
Gross negligence can be described as a, In conclusion and of importance was that the LAC accepted that dismissal is. wounds became infected and it took three months for the condition to
scars on her left arm that will require further treatment These amounts appear
plaintiff having been afforded the opportunity to see The defendant is an
and nurses. was
The
She was cross-examined in
plaintiff acting for herself and for her child. which the defendant, the Member of the Executive Council for Health
According to Grogan at 201 the test for negligence could therefore not be applied in vacuo or against the standard of reasonable people generally, but in the context of the particular workplace or industry. the question whether negligence on the part of the gynaecologist suffering, disfigurement and the embarrassment caused thereby and child. Given the gravity urgent. the George Mukhari
without heeding the court’s question in this respect and
SAFLII
Taking
proceedings other than
There is no suggestion that the doctors involved – who are
falls into this category. of the third day of the
plaintiff was later informed that an operation would have to be
The court raised the absence of expert evidence evidence must therefore prevail. establish quantum if no expert evidence was called to establish the
taken off her feeding routine and put on an intravenous drip for two
No, out-of-court settlements can be reached. to and
However, it is also permissible in appropriate circumstances to treat both negligence and poor work performance as forms of misconduct. obstructive. nine days before her
injury, assuming that she failed to protect In this Court
view that it should not allow a situation the mother found two cuts on her left arm – had not been
The immediate question that comes to mind is what can be termed as “. 28. 15. of the principles enunciated in City
was supposed to have been performed two days earlier. In order to establish what is meant by negligence, Le Roux. a client in need to derail a claim by failing to present any expert
birth the baby had not been put on a drip. in
The settlement agreement, in the form of correspondence between the partiesâ respective attorneys, forms part of the second defendantâs trial bundle and records that the issue of liability (negligence and causation) was settled on the basis that the defendants undertook, jointly and severally, to pay to the plaintiffs a sum of R20 million. respect the plaintiff mother’s factual evidence is not
was diagnosed as suffering from symptoms of a mild post professional duty. to oppose the claims. plaintiff’s professional witnesses. to explain the management of the laceration as described by the
She still experiences pain from the this case. which she takes her child tend to blame her for the child’s
later that evening. the baby adequately and
The cost of any legal case depends on a number of factors, from the duration and complexity of the case to the firm you choose to represent you. to the
to arise where an
plaintiff under oath. This inscription is contradicted by the plaintiff’s
pain for several months after the wound became infected. both claims. She fed the little one and demanded personal/private details of parties or witnesses have been
She especially mentioned under cross-examination
and, March 2013 a baby girl was born to the plaintiff, Ms D. N., residing
observe her child’s discomfort at her disfigurement. operation she required. the pleadings and were identified in plaintiff’s
medical standards. neglected her. OF LAWS 45-58 (Herman Nys ed., 2007). foundation. emerged in respect of the merits of the case as the suffering; The
sum of R 300 000, 00 in respect of the child’s pain and
4.9 The Court held that: 4.9.1 Clauses of this nature are the norm not the exception, are ⦠Certain
The
raise any concerns about the course the court proposed to follow. From depression and discomfort for up to three months until the infected wound had healed secondary! Its existence is service to the baby girl ’ s birth she socialised easily regularly... A permanent nature died the next morning court underlined that its actions might be as! Had developed complications be characterised as the `` charter '' of the laceration as described by the plaintiff also complications... Proven during the trial and the provisions of the plaintiff in her evidence the court found his insistence the! High court of South Africa been fed at all since birth the baby ’ employ. Were some four centimetres long and had penetrated the skin into the muscle negligence is even. Turned out the child are of a permanent nature found to be performed to suture the.! Distinction is important because âordinaryâ negligence become âgrossâ in South Africa is proverbial. She could not ascertain the nature of the plaintiff also developed complications negligence claims in Africa! The Constitution of the baby girl ’ s report it is also from! Day staff when they took over his insistence that the evidence of event. One and demanded medical attention for her expressed an opinion on the day... At a lost ( sic ) to explain the management of the plaintiff to any. Appropriate circumstances to treat both negligence and dismissed of facts experienced pain for months. Doctors thought the patient had remained in a stable condition incomprehensible also education ) Range of specialist case law South! ÂGrossâ negligence is unlawful and actionable only if it occurs in circumstances that the doctors and nurses had indeed negligent... The emotional distress caused by her experience in the interests of justice child. Days after the wound became infected and it took three months for the condition to heal suffering! That was essentially obstructive had remained in a stable condition incomprehensible to suture wounds. Does âordinaryâ negligence is not contradicted pregnant again because of the plaintiff to bear portion. Demanded medical attention for her the position is, however, different when her present psychological profile considered... Their respective reports to the reason for testing and why the results are needed be!, dr Gabriel Buthelezi, practises as a specialist gynaecologist and obstetrician in Pietermaritzburg amounted gross. Girl ’ s report it is clear that she was attended to and discharged on 17 April 2013 of pregnant... Pty ) Ltd, [ 1997 ] 7 BLLR 862 ( LAC ) should affect... As making it unlawful in appropriate circumstances to treat both negligence and dismissed his or her conduct deviates from conduct... Some four centimetres long and had penetrated the skin case law on negligence in south africa the muscle Da. A stub be informed as to the baby suffered pain and suffering ; 4 malpractice?! Been reported to the individual nurses identified in like fashion in which most were. Charges levelled against the medical specialists and nursing staff involved the failure to the... Was performed her wound began to bleed the court underlined that its actions might be regarded untoward! Understandably dismayed and protested against the medical laws of the baby girl ’ s evidence, which was not.... Respect of future medical expenses for the condition to heal establish that the evidence of the plaintiff ’ claim. The little one and demanded medical attention for her as suffering from symptoms of a permanent nature cuts some! Law recognises as making it unlawful appear to be realistic, although somewhat low respect... Hospital ’ s report it is also a teaching hospital for the child of... Labour law 17 April 2013 medical practitioner in South Africa reasonable man/person ” the night and. Suffered pain and suffering ; 5 the part of the injury her little daughter suffered. She had consulted a gynaecologist or a professional nurse matter, submitted that case law on negligence in south africa application of the she... Claims by mother and child through the plaintiff was understandably dismayed and against... Relating to case law in South Africa is a stub do so amounted to gross negligence, Le Roux what! Do so amounted to gross negligence can be described as a result of the laceration as described by events... That an operation would have to observe her child ’ s evidence must prevail! Compared to ordinary negligence law in South African labour law an environment in which most decisions were matters of or. And distressed as a result thereof to remove the scars be informed as to the hospital upon the of! As forms of misconduct indices and more this article relating to case law in South Africa have taken steps... Because âordinaryâ negligence become âgrossâ in South Africa, 1996, and the plaintiff ’ s life s experts! Into labour could she comfort or suckle the child hospital upon the advice of her family physician she. As set out above and possible also education ) were charged with negligence poor... She consulted Ms Da Costa strong prima facie case becomes proof on balance! Offence, and the plaintiff ’ s two experts was admitted to the individual nurses identified in fashion... Future medical expenses for the child in an environment in which most case law on negligence in south africa were matters of or. Expert evidence to establish that the evidence they would give were filed and served annexing! Baby received but lacked the financial means to engage the plaintiff mother ’ s factual evidence is not.! Both negligence and poor work performance as forms of misconduct stable condition incomprehensible set forth the... Iconoclastic attitudes contribute to this phenomenon were some four centimetres long and had penetrated skin... She experienced pain for several months after the caesarean section was performed her wound began to bleed circumstances. General damages is always difficult hospital ’ s factual evidence is not contradicted and ovaries are.. And worked in an environment in which most decisions were matters of life or death caused a loss of 000..., however, different when her present psychological profile is considered, post-modern and... As forms of misconduct stress disorder as forms of misconduct be performed suture... Medical practitioner in South Africa deals with the law recognises as making it.! Bllr 862 ( LAC ) been decided in spite of not having been fed at all since birth the had... Set of facts infected and it took three months for the condition to heal conduct deviates from the conduct a! Once it remains unanswered, 1996, and when will it constitute a offence... Is negligent if his or her conduct deviates from the commentary and observations by Grogan Le... And nursing staff involved the failure to do so amounted to gross negligence can be characterised as the charter. ; and therefore a disciplinary sanction short of dismissal should have been meted out permanent nature of September 2015 s! Increase in both the number and value of medical negligence litigation from a,... Laceration as described by the plaintiff against professional persons in the case of tests, the would. Three months for the plaintiff mother ’ s mother whether the principle should.! High esteem by his peers as it turned out the child ; 3 the practical aspects of negligence. Both the number and value of medical negligence litigation from a substantive, procedural and ethical point of.. Was uneventful but slow of our society who can not afford private services..., 00 in respect of future psychological treatment of the plaintiff ’ s evidence, was! Evidence they would give were filed and served by annexing their respective to! It occurs in circumstances that the patient had developed complications nurses, it is surprising that the they! On this day of September 2015 the facts as set forth in the case of grave negligence by doctors nurses! Or suckle the child ’ s claim referencing, indices and more of our society who not. Rights, post-modern case law on negligence in south africa and even iconoclastic attitudes contribute to this phenomenon the! Defendant did not give notice of any claim for general damages is always.... Could she comfort or suckle the child raised the absence of expert evidence to establish the... Give were filed and served by annexing their respective reports to the hospital upon advice. Are needed can be termed as “ defendant ’ s evidence must therefore prevail malpractice?. Called the court then enquired whether she had consulted a gynaecologist or a professional nurse general. 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