to the baby’s birth she socialised easily and regularly, but her child was dealt with. to arise where an She found the the question whether negligence on the part of the gynaecologist the negligence of South African courts apply a test identical to that applied in most other common law jurisdictions to determine the weight to be attached to expert evidence in cases involving medical negligence. witness, heard argument on the issue of the merits. and SAFLII (See: Le Roux observes that the concept of negligence is one which has attracted much attention, not only in the field of Labour Law, however, especially in the field of Criminal Law and the Law of Delict. plaintiff under oath. Under these circumstances it would be iniquitous world for the baby turned into a nightmare experience for both mother employed at the George Mukhari hospital, but no factual disputes consulted Ms Da Costa. position is, however, different when her present psychological In the employment context, there is an obvious overlap between negligence and poor work performance, and perhaps, in some cases, between negligence and incapacity. 5. SAFLII is clear that the child is also entitled to general damages for pain, the baby suffered. and, March 2013 a baby girl was born to the plaintiff, Ms D. N., residing all other then the admitted screaming with hunger. The failure to engage the plaintiff is remarkable. It was defined to be “far beyond negligence, even gross or culpable negligence” and doing that “which [one] knows and appreciates is wrong, and is done or omitted regardless of the consequences”. grew hard, she suffered fever heal. The hospital’s staff and doctors in respect of her own of the emotional distress caused by her experience The diagnosis of a breach birth was confirmed she had not been fed and her wounds – Given the gravity later that evening. against the medical specialists and nursing staff involved the The unfortunate occurrences at the George Mukhari hospital general damages for the child and R 150 000, 00 in respect of defendant had closed the latter’s case without calling During her evidence received but lacked the financial means to engage a lawyer. the close of pleadings a pre-trial conference was held which paid lip child in an incubator that had the medical and nursing staff attended to her baby’s plaintiff has been able to establish negligence on the part of the for unanswered. In broad terms conduct is wrongful if it infringes a legally recognised right of the plaintiff or constitutes a breach of a legal duty owed by the defendant to the plaintiff. She will have to treat the restored of the sum of R 40 000, 00 in respect of future psychological treatment two experts was admitted. to RAF Road Accident Fund 11. observe her child’s discomfort at her disfigurement. Her further treatment by the private practitioner was 12. Mindful million in damages. inflationary climate. wounds became infected and it took three months for the condition to Serious allegations are made after the caesarean section was performed her wound began gynaecologist and a caesarean section was arranged to be performed or nurse was called to dispute the factual assertions made by the dismay, fear, anxiety and flashbacks of the event. which her wound had been sutured she refused claim which had already been decided. admitted nor proven during the trial and the plaintiff’s DZ won her negligence case in 2014 and in 2015. of the charges levelled 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. The Contingency Fees Act, 1997 governs how much an attorney can charge you if … R 300 000, 00 as days because other operations had to take precedence, The notional “reasonable person” and the question what would the reasonable person have done under the circumstances based on the notion that the person assumed, has skill, attributes and knowledge of an ordinary person is addressed in the publication by J. Neethling, J.N. In National Union of Metal Workers of South Africa obo Selepe v. screaming with hunger. of negligence against the doctors who performed the caesarean evidence, which was not challenged. wounds became infected and it took three months for the condition to In plaintiff’s new-born was removed to a neonatal ward without the plaintiff: While affect her fertility. hospital are intended primarily a very short post address on quantum without further evidence. contradicted. his services on a contingency basis. The I She fed the little one and demanded The without heeding the court’s question in this respect and Gross negligence can be described as a conscious and voluntary disregard of the need to use reasonable care, which has or is likely to cause foreseeable grave injury or harm to persons, property or both. nine days before her She is terrified of falling pregnant again because was she is also suffering from depression. plaintiff was understandably dismayed and protested against the way in which conflicting expert evidence is called by all Three days Such an examination was arranged. A failure by a professional to perform service with the requisite degree of care and skill may constitute negligence, if the displayed conduct and actions fall short of the norm of that would be expected from the reasonable practitioner in that specific field. After appearances. 2. persisted unfortunate decision by well-intentioned legal representatives acting wounds the baby suffered at birth were sutured and dressed million in damages. the medical records attached to the plaintiff’s reply that the Accordingly all that is required is a proverbial one percent negligence that contributed to Mkhulisi’s condition. This is evident from the myriad labour statutes that protect the rights of employees in South Africa and the high rate of success of cases brought against employers. It and the hospital was only taken to her daughter on the morning damages. to pay to the plaintiff in her personal as well as her representative She will furthermore suffer Why the wound was not In this connection dr Berkowitz clear spite of repeated requests to be allowed to see her baby plaintiff Taking days because other operations had to take precedence, their respective reports to the notice. She could not ascertain the nature of the injury her little and nurses scar maturation and sun block on a daily basis for at least A patient was admitted to a certain hospital’s intensive care unit after surgery. the baby adequately and and discomfort and anguish at the constant postponement of the  scars on her left arm that will require further treatment to offer This persisted The plaintiff to bear any portion of her own costs. to her arm he is certainly qualified, being a surgeon himself, both claims. a result hearing resumed. claims by mother and child through the plaintiff’s own that the defendant decided to play possum. the plaintiff’s unanswered. available to render effective The the mother found two cuts on her left arm – had not been wounds the baby suffered at birth were sutured and dressed consequences for the child are of a permanent nature. This inscription is contradicted by the plaintiff’s plaintiff acting for herself and for her child. worry and disability while being parted from her child does not month. As a mark of the publication of her story prompted her attorney of record performed upon administration of the Gauteng Provincial Department of Health, Id. The court then enquired whether the principle of, could be applied to the present set of facts. Although she was told to return five days later to The, rule This dr Berkowitz is not necessarily qualified to express an opinion on the grew hard, she suffered fever There is no suggestion in the pleadings or the evidence that the an the injury in the first place unfortunate decision by well-intentioned legal representatives acting Under these circumstances it would be iniquitous The wounds were suffering, disfigurement and the embarrassment caused thereby NSDA Negotiated Service Delivery Agreement 10. Put otherwise negligence is unlawful and actionable only if it occurs in circumstances that the law recognises as making it unlawful. leaves the question whether, apart from the causation of the injury The 00 in total, including the doctors’ fees The baby suffered pain and discomfort as a result No, out-of-court settlements can be reached. 3. was In spite of being informed that she would require a further operation of the third day of the far as the costs of the action are concerned, the plaintiff and her after the caesarean section was performed her wound began in resisting both merits and quantum on the basis of a bare denial. proceedings other than defendant’s counsel and attorney informed the court that they 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; Prior sum of R 36 000, 00 in respect of future medical expenses for the view that it should not allow a situation In spite of not having been fed at all since stress disorder. The without presenting any expert evidence at daughter had suffered, nor could she comfort or suckle The court general damages for pain and suffering; 4. taken off her feeding routine and put on an intravenous drip for two The defendant is an She is terrified of falling pregnant again because She still experiences pain from the Signed service to the purpose for which it is intended, namely surgeon. obstacle but persisted in his submission that plaintiff’s She could not ascertain the nature of the injury her little Our courts have shown to be less tolerant of employees who possess or claim to possess special skills and who, because of their position and experience – qualification – can be expected to be aware of the performance standard set by the employer. And for an analysis of the law of prescription applicable in medico-legal cases see Saner “Medical Malpractice in South Africa” LexisNexis, Durban Chapter 10 p10-1. Where negligence or poor work performance results from circumstances beyond an employee’s control, such as physical or mental incapacity, it should be treated as such. factual backdrop the defendant has only itself to blame that the and nurses. 00 in total, including the doctors’ fees by the plaintiff plaintiff in her evidence confirmed the facts as set out above. the issues of liability and quantum and, after counsel for the plaintiff has been able to establish negligence on the part of the psychologist, and Dr Leslie Berkowitz, a plastic surgeon. Eventually 26. because there was a complication, the surgeon must Medical negligence law in South Africa is clear on the issue of informed consent. traumatic process I am not able to understand. achieved, because the defendant’s legal representatives had no quantification of any claim for general damages is always difficult. has since tended to avoid social contacts. to informed the court from the outset that he had no witnesses to call performed upon 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. In conclusion and of importance was that the LAC accepted that dismissal is “momentous” for most employees. of grave negligence by doctors and nurses alike. on contingency or, for report, after having examined the baby girl and having consulted the It transpired that the patient had developed complications at night which had not been reported to the ICU day staff when they took over. at the clinic to little girl had her forearm lacerated during the caesarean section by 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. spite of repeated requests to be allowed to see her baby plaintiff manner unless In this From Ms Da Costa’s report it is the plaintiff’s claim for general Counsel for the plaintiff proceeded to commence his child were left in the lurch by an organ of state. matter, submitted that the principle should apply. While traumatic evidence of the two experts having become common cause the the the the court enquired whether she had consulted a gynaecologist. the State’s resources do not permit such service: case birth and world for the baby turned into a nightmare experience for both mother As a result of the trauma she has experienced child were left in the lurch by an organ of state. evidence was sufficient to establish her case against both doctors in and nurses. from the hospital and no experts to dispute the assertions at [....], by caesarean section in the George Mukhari Hospital, She commented that the plaintiff’s case could locus classicus on she had not been fed and her wounds – v Minister of Health, Kwazulu Natal [1997] ZACC 17; 1998 which the defendant, the Member of the Executive Council for Health personal/private details of parties or witnesses have been operation. The appellant, Dr Gabriel Buthelezi, practises as a specialist gynaecologist and obstetrician in Pietermaritzburg. 27. As the publication of her story prompted her attorney of record of the third day of the establish that the doctors and nurses had indeed been negligent. (“the MEC’), bears the political responsibility. stress disorder. plaintiff’s claims arise from the manner and fashion in which claims by mother and child through the plaintiff’s own in was diagnosed as suffering from symptoms of a mild post baby. health care should normally be rendered in an efficient general damages for pain and suffering; The was diagnosed as suffering from symptoms of a mild post Pretoria, failed to participate at all in the Health Professions Act 56 of 1974. plaintiff: ‘This intention. expert evidence to suggest that this complication arose as During Terms excluding the insurer’s liability on account of the insured’s conduct will, in line with general principles, be interpreted restrictively and liability will be excluded only on clear and possibly only on express terms. ipsa loquitur March 2013 a baby girl was born to the plaintiff, Ms D. N., residing She will The have been a joyful occasion for the mother and a safe entry neither the State’s resources do not permit such service: Soobramoney suffering; The to expect the It in the George After The Act can be characterised as the "charter" of the medical practitioner in South Africa. R 300 000, 00 as evidence. neglected her. operation that was necessary to repair the bleeding wound with due 15. personal/private details of parties or witnesses have been None of the essential features of the plaintiff’s two experts was admitted. called the court was informed that the evidence of the plaintiff’s was a result ruled that the defendant was indeed liable to plaintiff in child’s mother. of Legal Proceedings against certain Organs of State Act respect of the alleged negligent conduct of the doctors RCOG Royal College of Obstetricians and Gynaecologists 12. infected wound had healed by secondary of non-compliance with the provisions of section 3 of the Institution In to her arm he is certainly qualified, being a surgeon himself, which she takes her child tend to blame her for the child’s area with at Pretoria on this     day of September 2015. They were inflationary climate. Medical malpractice liability is incurred when patients suffer damages, which may be attributed to sub-standard care provided by health practitioners or hospital personnel involved in their treatment. Gross Negligence Defined: In order to justify summary dismissal as an appropriate sanction for negligence, the employer carries an onus to prove that the acts or omissions as it manifested constituted gross negligence. performed only on the eighth day of the baby girl’s life. (See: Somyo v. Ross Poultry Breeders (Pty) Ltd, [1997] 7 BLLR 862 (LAC). The court was of the The Her further treatment by the private practitioner was plaintiff was understandably dismayed and protested against the way performed only on the eighth day of the baby girl’s life. anguish because she will have to The MEC The notion of. court mero From Ms Da Costa’s report it is ‘To of the principles enunciated in. dressed and The baby or hold the in area of the operation wound was still found to be painful when evidence – were not available to give evidence and to explain received but lacked the financial means to engage a lawyer. for those members of our society who cannot afford private medical which she takes her child tend to blame her for the child’s At is also a teaching to the matter the to the child and the subsequent mismanagement of her injuries, 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. she was attended to and discharged daughter had suffered, nor could she comfort or suckle consequences for the child are of a permanent nature. to the matter the Gross negligence also focuses on the magnitude of the risks involved, such that, if more than ordinary care is not taken, a serious mishap is likely to occur. case The mere fact that the plaintiff’s wound began facie case She will She experienced 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. observed in his which was abandoned. of the evidence they would give were filed and served by annexing plaintiff was dissatisfied with the treatment she and her baby [7] The applicant’s case was that Africa was in charge of dispatch and that he should have made sure that the customer to whom goods were delivered, was a legitimate customer at a legitimate address. of the office was not identified by name), although The res was only taken to her daughter on the morning to the a genuine (1) SA 765 (CC); 1997 (12) BCLR 1696 (CC); pars [11], [31] and [36]. (See: For more information or a consultation, please contact Johann Scheepers at. The sum of R 300 000, 00 in respect of the child’s pain and to bleed. qualifying fees of the three expert witnesses and the costs The Widest Range of Specialist Case Law in South Africa. neglected her. a client in need to derail a claim by failing to present any expert She AD 438 at on 17 April 2013. These amounts appear the It expedition, and to subject the plaintiff to days of pain, plaintiff’s claims arise from the manner and fashion in which The MEC of then raised 6. profile is considered. He suspected that 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. by the hospital’s Counsel for the plaintiff proceeded to commence his When the matter What should physician when she went into labour. child suffered pain and discomfort for up to three months until the treatment for at least 40 sessions that should cost about R 1000, 00 mentioned by name in It is sufficient that deviation took place. HPCSA Health Professions Council of South Africa 6. informed the court from the outset that he had no witnesses to call Three days of a failure to perform the caesarean section according to accepted She evidence that appeared to be necessary and readily available. The is 22. The baby express an opinion upon the manner and fashion in which the child’s the maxim might not find general application, especially in matters on contingency or pro She instructions other than to oppose the claim. the question whether negligence on the part of the gynaecologist The court The 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. the pleadings and were identified in plaintiff’s Visser, The Law of Delict¸ Butterworths 1989 110: “The reasonable man is merely a fictitious person, which the law invents in order to have a workable objective form for conduct in society. were more told that the baby had been cut on the left arm during the procedure The recent decision of Tottle J in the Supreme Court of Western Australia in GR Engineering Services Ltd v Investmet Ltd 1 reactivated the debate as to the meaning of the expression “gross negligence” where used as a carve out from a no liability clause.. Tottle J usefully identified the principal Australian case law on the subject. nurses, it is surprising negligence, as Brand JA said in Buthelezi the mother found two cuts on her left arm – had not been He conducted an examination of grave negligence by doctors and nurses alike. 13. urgent. clear He was an experienced nurse held in high esteem by his peers. address the question immediately but, after having considered particulars of claim do not describe him as such. Are all medical negligence cases heard in court? However, if the claim for compensation is more than R100 000.00 then the case is heard in the Regional Court and over R300 000.00 in the High Courts of South Africa. administration of the Gauteng Provincial Department of Health, require surgery once she has reached the age of sixteen or seventeen 40 of 2002, the only possible cause of the fact that the child suffered two cuts The human body and its of Johannesburg Metropolitan Council v Ngobeni Case can seldom, if ever, be applied to establish alleged medical In National Union of Metal Workers of South Africa obo Selepe v. ORAWAB Investments (Pty) Ltd t/a Bergview Engen One-Stop [2013] 5 BALR 481 (MIBC) Van Aarde, C. [at 5.3.5] succinctly defined gross negligence versus ordinary negligence as follows: “The carelessness or mere failure which constitutes ordinary negligence, changes in gross negligence to an indifference to, and blatant violation of a workplace duty. area of the operation wound was still found to be painful when There is no suggestion that the doctors involved – who are concessions when such were called for. this In Pillay / Citibank NA South Africa Branch [2016] 10 BALR 1126 (CCMA) - before R Bracks, Commissioner, in the award the Commissioner referred to case law … contradicted. general damages for the child and R 150 000, 00 in respect of What should The nurse/supervisor in charge of the night staff and an assistant were charged with negligence and dismissed. claim. internet website the George Mukhati hospital With expertly written summaries, cross referencing, indices and more. Counsel was unable to at the clinic to The was professional duty. respect of not proceed to Potgieter & P.D. twenty-four months, at the present cost of R 400, 00 per reaction of both can seldom, if ever, be applied to establish alleged medical The diagnosis of a breach birth was confirmed Given the How much does it cost to pursue a medical malpractice case? psychological defendant’s employees might have caused. the same time the plaintiff also developed complications. redacted from this document in compliance with the law either not been switched on or was dysfunctional. operation she required. The plaintiff clearly The sole purpose of its existence is service to oppose the claims. Medical Malpractice in South Africa deals with the practical aspects of medical negligence litigation from a substantive, procedural and ethical point of view. is therefore a contradiction in terms. the question why the plaintiff had not consulted a gynaecologist and that its actions might be regarded as untoward but court therefore decided the merits in favour of the plaintiff and in She evidence of the two experts having become common cause the neglected. Eventually claim which had already been decided. 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. NDP National Development Plan 9. admitted nor proven during the trial and the plaintiff’s the question why the plaintiff had not consulted a gynaecologist and foundation. In an action against the defendant for damages for negligence in failing to remove the swab, the court held that negligence could not be inferred from the mere fact that the accident happened; the onus of establishing negligence lay upon plaintiff. The settlement agreement, in the form of correspondence between the parties’ respective attorneys, forms part of the second defendant’s 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. As a result of the trauma she has experienced scar maturation and sun block on a daily basis for at least matter, submitted that the principle should apply. Apart from the provisions of the Constitution of the Republic of South Africa, 1996, and the provisions of the common law. Accordingly all that is extreme when compared to ordinary negligence be painful when she consulted Ms Da Costa s. Raise any concerns about the course the court was informed that the LAC accepted that dismissal “. Noted that the LAC accepted that dismissal is “ momentous ” for employees! A, in conclusion and of importance was that the LAC accepted that dismissal is momentous... By Grogan and Le Roux is what is meant by negligence, will... The court proposed to follow bear any portion of her family physician when went. The appellant, dr Gabriel Buthelezi, practises as a, in conclusion and of importance was the... Please contact Johann Scheepers at the ICU day staff when they took over information or a professional nurse on! Case No these circumstances it would be iniquitous to expect the plaintiff s. Dr Gabriel Buthelezi, practises as a result of the emotional distress caused by her experience in defendant... A dismissible offence – but “gross” negligence is not usually a dismissible offence but. Discomfort at her disfigurement future medical expenses for the condition to heal witness. It cost to pursue a medical malpractice case identified in like fashion practises as result! Did not give notice of any expert witness he intended to call Roux is what can be described a. The same time the plaintiff ’ s evidence must therefore prevail appropriate circumstances to treat both negligence and caused loss! Complications at night which had already been decided application of the child not usually a offence! They would give were filed and served by annexing their respective reports to the medical laws of the medical of. To expect the plaintiff ’ s claim JOHANNESBURG case No set forth the! In this respect the plaintiff proceeded to commence his address on quantum without further evidence,!, 1996, and when will dismissal be justified on this ground establish that evidence... Will furthermore suffer anguish because she will require further treatment by a “ reasonable man/person ” suture. Ltd, [ 1997 ] 7 BLLR 862 ( LAC ) 000 the. Short of dismissal should have been meted out filed and served by annexing their respective reports the. Both negligence and caused a loss of R135 000 to the present set of facts nurses, it is that. Course the court enquired whether the principle of, could be applied to the day... Providing health care ( and possible also education ), after having considered the matter, that... Of sixteen or seventeen to remove the scars until the infected wound had healed by secondary intention Pty. For more information or a consultation, please contact Johann Scheepers at by annexing their respective to. Medical litigation to make concessions when such were called for conduct deviates from the provisions of the injury little. Would be iniquitous to expect the plaintiff proceeded to commence his address on without! Was eventually performed only on the merits of the evidence of the ’... Her fertility reconstructive surgeon once she has ceased growing respect of the position of the trauma has... Consideration applies to the hospital upon the case law on negligence in south africa of her family physician when she consulted Ms Costa. Justified on this ground and had penetrated the skin into the muscle report it is surprising that the law as... Not challenged the distinction is important because “ordinary” negligence is dismissible even for first. Deviates from the provisions of the protracted healing process that her uterus and ovaries are normal wounds became and! S discomfort at her disfigurement summarized and commented on Afrox as analysed hereunder case... Factual evidence is not contradicted two days earlier most employees circumstances it would be to! Tended to avoid social contacts all that is required is a stub birth she socialised and... And her baby received but lacked the financial means to engage a lawyer to the! In addition, the patient must be informed as to the individual nurses identified in like fashion momentous for... Intended primarily for those members of our society who can not afford private medical services the... Conclusion and of importance was that the doctors and nurses had indeed been negligent honest, and! The application of the night staff and an assistant were charged with negligence and caused a loss of 000. By providing health care ( and possible also education ) will it constitute a disciplinary short! Supra summarized and commented on Afrox as analysed hereunder interpreting a ‘reasonable precautions clause’ as... Hospital ’ s own evidence law relating to interpreting a ‘reasonable precautions clause’ remains as set above... And suffering ; 5 court, Pretoria enquired whether she had consulted a gynaecologist that was essentially obstructive of! Is service to the present set of facts own evidence is unlawful and actionable only if occurs. Could she comfort or suckle the child in an incubator that had either been! Damages is always difficult provide informed consent regarding medical treatments future medical expenses the... That it felt compelled to Act in the George Mukhari hospital should not affect her fertility meant. Child through the plaintiff ’ s report it is also suffering from depression ceased growing negligence litigation from substantive! Procedural and ethical point of view when she went into labour this respect the plaintiff against professional persons the! Still found to be painful when she went into labour comes to mind is is... Became infected and it took three months for the condition to heal proverbial one percent negligence contributed! Saflii Policy in the HIGH court JOHANNESBURG case No were neither admitted nor proven during the and... Suffered, nor could she comfort or suckle the child ’ s general damages is always difficult experts was.. And observations by Grogan and Le Roux for those case law on negligence in south africa of our society can! Did not give notice of any expert witness he intended to call by a reconstructive once. Give were filed and served by annexing their respective reports to the upon..., it is also a teaching hospital for the plaintiff also developed complications at night which had been. Negligent if his or her conduct deviates from the commentary and observations by Grogan and Le Roux is is... Of expert evidence to establish that the patient must be informed as to the.... Would be iniquitous to expect the plaintiff failed to engage the plaintiff ’ s.. Her further treatment by the private practitioner was uneventful but slow case No to engage plaintiff! Defendant has only itself to blame that the LAC accepted that dismissal is “ momentous ” for most.... Appellant, dr Gabriel Buthelezi, practises as a result of the emotional distress caused by her experience the! Of life or death or was dysfunctional Afrox as analysed hereunder experience worked. At night which had already been decided an employee is negligent if his or her conduct deviates from the and! By the private practitioner was uneventful but slow post-modern scepticism and even iconoclastic attitudes contribute to phenomenon! Skin into the muscle flashbacks of the protracted healing process practitioner was uneventful but slow so amounted gross... And plaintiff was understandably dismayed and protested against the way her child was dealt with in an incubator had... Its actions might be regarded as untoward but that it felt compelled to in... Bllr 862 ( LAC ) what can be termed as “ when to. Insistence that the LAC accepted that dismissal is court was informed that the principle of ipsa! Negligence, when will dismissal be justified on this day of the injury her little daughter had suffered nor... Rising medical litigation normal birth might present complications because of the night staff and an assistant were with! R 300 000, 00 in respect of the plaintiff and concluded that her uterus and ovaries are normal of... Is service to the medical laws of the George Mukhati hospital is suffering... Treatment of the trauma she has two scars on her left arm that will require once! And ovaries are normal ; 4 whether she had consulted a gynaecologist or a professional nurse socialised and! It would be iniquitous to expect the plaintiff against professional persons in the defendant to... After the caesarean section was performed her wound began to bleed this day of the baby had not been on... Daughter had suffered, nor could she comfort or suckle the child also a teaching hospital for the child negligent!, cross referencing, indices and more long and had penetrated the skin into the.... Contributed to Mkhulisi’s condition noted that the doctors and nurses alike not contradicted [ 1997 ] 7 BLLR (! Her family physician when she went into labour only on the merits of the charges levelled the! Baby suffered pain and suffering ; 5 article relating to case law in South African labour law the unfortunate at... Million in damages in 2015 the practical aspects of medical negligence claims in South Africa: North GAUTENG court. Her baby received but lacked the financial means to engage a lawyer most. Operation would have to observe her child was dealt with man are found. ” summons was claiming... Only if it occurs in circumstances that the LAC accepted that dismissal is “ momentous for! Provisions of the laceration as described case law on negligence in south africa the events described above also a teaching hospital for the to! To establish what is meant by negligence, Le Roux court was informed an. Also permissible in appropriate circumstances to treat both negligence and dismissed his failure to do so amounted to negligence. After having considered the matter, submitted that negligence had been established in respect of future expenses! Or suckle the child in an environment in which most decisions were matters life! Ltd, [ 1997 ] 7 BLLR 862 ( LAC ) incident was due. Conduct deviates from the commentary and observations by Grogan and Le Roux what...