Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape [2015] ZACC 33 (14 October 2015)

Medical negligence – plaintiff's case based on expert evidence – requirements for such evidence to be admitted – duties of expert witnesses – direct evidence preferable to reconstruction after the event – trial court's findings of fact - not lightly disregarded – diagnosis and treatment of child presenting with head injury – instructions on discharge.

Delict – medical negligence – damages – liability in respect of a minor born with brain damage who now suffers from cerebral palsy – whether hospital staff negligent – if so, whether such negligence caused the damage – negligence and causation established – MEC liable

Delict – medical negligence – child suffering cerebral palsy as a result of acute
profound hypoxic ischaemic event during labour – whether negligence of hospital staff was
causally connected to the child’s brain damage – causation not established on the facts –
appeal upheld

Claim by mother on behalf of child suffering from cerebral
palsy in consequence of acute profound hypoxic ischaemia intrapartum –
whether hospital staff was negligent in failing to perform caesarean
section more promptly – whether hospital was negligent in not having
second theatre for caesarean sections – whether staff was negligent in the
way the theatre was used during the day in question – whether staff was
negligent in failing to refer mother to neighbouring hospital – whether
staff was negligent in failing to apply intrauterine resuscitation –
negligence not proved – in any event, not proved that non-negligent
action would have averted the acute profound hypoxic ischaemia

Delict – Medical negligence – failure to monitor the appellant and foetus during labour – whether hospital staff was negligent – whether negligence causally connected to the child’s brain damage – negligence and causation established – appeal dismissed.

Delict – medical negligence – delay in transferring a patient to definitive care – whether medical practitioner’s conduct was negligent – whether negligence was causally linked to the amputation of the patient’s leg.