The door to the opportunity to provide compensation by way of the provision of services and/or periodic payments in medical malpractice claims has been opened a bit further in the High Court judgment of N P obo N E v Member for the Executive Council for Health of the Gauteng Provincial Government [2019] ZAGPJHC 24 […]
A backronym is a reverse acronym. That is, an expression that has been formed from the letters of an existing word or name. The word backronym is a blend of “backward” and “acronym”. It is a constructed phrase which purports to be the source of a word that is an acronym. An acronym, of course, […]
The patient brought a claim in her representative capacity as the mother and guardian of a minor child, who she alleged suffered harm during birth due to the negligence of staff at a public health institution, which resulted in the child suffering from cerebral palsy. The plaintiff was successful in her claim. Judgment The minor […]
The plaintiff sued a firm of attorneys for allowing his claim against the MEC for health to prescribe. His injuries arose out of him falling onto a bed of reeds and retaining a piece of reed in his body, which needed to be removed surgically. He claimed that the hospital staff were negligent in treating […]
It is worthwhile revisiting the 2014 Supreme Court of Appeal judgment in the matter of Sibisi and Dr Maitin for the positive lessons it holds for obstetricians and gynaecologists. The doctor was successful both in the lower court and on appeal in defending the action for alleged medical negligence against him. The Plaintiff, the mother […]
The 7 May 2019 recent judgment of the Gauteng High Court in amongst others, Viviers and MEC for Health Gauteng is unexceptionable on the facts as accepted by the Court. It indirectly contains an important reminder of the significant role which contemporaneous and comprehensive record keeping can play for healthcare practitioners and healthcare facility operators […]
The small claims court resolves matters speedily, inexpensively and informally. Whether you are the Claimant (the Plaintiff) or the party opposing the claim (the Defendant), you must conduct your own case in court without legal representation. Proceedings are inquisitorial so the commissioner plays an active role in supervising the presentation of the evidence and assisting […]
Presented by Donald Dinnie 1st GMG/SASOG Private Practice Weekend 2019 Irene Country Lodge from 8-10 March 2019 The healthcare industry is still in a state of flux and there remains much uncertainty because of significant proposed changes to the regulatory and legislative landscape. 2018 has set the stage for 2019 to be a challenging healthcare […]
The res judicata and once and for all rules in our common law work hand in hand to protect a defendant from constant attack for the same alleged negligence. The rules have long been part of our law. The res judicata rule provides that once a competent Court has made a ruling on a cause […]