Case Law[2024] ZAGPJHC 925South Africa
Member of the Executive Council for Gauteng Department of Health v Rapoo (A5005/20; 24339/2017) [2024] ZAGPJHC 925 (2 September 2024)
High Court of South Africa (Gauteng Division, Johannesburg)
2 September 2024
Judgment
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# South Africa: South Gauteng High Court, Johannesburg
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## Member of the Executive Council for Gauteng Department of Health v Rapoo (A5005/20; 24339/2017) [2024] ZAGPJHC 925 (2 September 2024)
Member of the Executive Council for Gauteng Department of Health v Rapoo (A5005/20; 24339/2017) [2024] ZAGPJHC 925 (2 September 2024)
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sino date 2 September 2024
FLYNOTES:
MEDICAL NEGLIGENCE –
Bedsores –
Duty of
care –
Plaintiff
elderly and suffering stroke – Had co-morbidities making her
susceptible to bed sores – Not exonerating
defendant if
plaintiff had bedsores prior to admission – Hospital had
protocol for bedsores – Although seriously
ill, no medical
reason why protocols could not have been applied –
Constraints of public hospital not relevant to treatment
required
by these protocols – High Court finding for plaintiff and
full bench dismissing appeal.
REPUBLIC
OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE
NUMBER
A5005/20
CASE
NUMBER A QUO
24339/2017
(1)
REPORTABLE:
YES
/NO
(2) OF
INTEREST TO OTHER JUDGES:
YES
/NO
(3)
REVISED:
YES
/NO
DATE 02/09/2024
SIGNATURE
In
the matter between:
MEMBER OF THE
EXECUTIVE COUNCIL FOR
GAUTENG
DEPARTMENT OF HEALTH
Appellant
and
MAKGADI
LETTAH RAPOO
Respondent
ORDER
1. The appeal
is dismissed.
2. The
plaintiff is awarded costs including costs of one counsel on Scale C.
JUDGMENT
Manoim
J, (Makume and Senyatsi JJ concurring):
[1] This
appeal relates to alleged malpractice by nurses at the George Mukhari
Hospital (“GMH”),
a public hospital that falls under the
jurisdiction of the appellant, the MEC for Health Gauteng.
[1]
The plaintiff, Makgadi Rapoo, alleges
that the nurses at the hospital were responsible for causing her to
experience a severe bedsore
on her sacrum whilst she was being
treated at GMH.
[2]
The plaintiff alleges that her
bedsores were caused whilst she was being treated at the hospital for
a stroke, which if she was
competently treated could have been
avoided. In the alternative she argues that even if the cause of the
bedsore had preceded her
admission to GMH, its nursing staff were
negligent in managing the pre-existing condition.
[2] In
the court a quo, Adams J found against the defendant. His order which
is the subject of this
appeal states:
·
The employees of the George Mukhari Hospital are hereby declared
to have been negligent in relation to the injury sustained by the
plaintiff in the form of a bedsore (“the plaintiffs injury”)
on or about the 10th of November 2015.
·
Such negligence be and is hereby declared to have been a cause of
the plaintiff’s injury.
[3] The
defendant appeals against this order. Since Adams J had separated the
merits from the quantum
in terms of Uniform Court Rule 33(4) the only
issue on appeal is whether the court erred in finding in favour of
the plaintiff
on the issue of liability. For ease of refence I refer
to the parties on appeal as they were in the court a quo as the
plaintiff
and the defendant.
[4] Most
of the factual issues in this case are common cause. On appeal the
issues have narrowed even
further. There are two issues in dispute.
The first is over causation – how and where did the plaintiff’s
bedsores
form? The plaintiff’s principle contention is that her
bedsores were caused by sub-standard treatment whilst she was being
treated at the GMH.
[5] The
second is over the duty of care. Even if the plaintiff could not
establish that her treatment
at GMH was the cause of her bedsores,
was her subsequent treatment, and here the focus is on nursing,
substandard and a breach
of the hospital’s staff duty of care
to her as a patient.
The
medical issue
[6]
Bedsores are also known as pressure ulcers. According to a widely
cited definition:
“
A pressure ulcer is an area
of localised damage to the skin and underlying tissue caused by
pressure, shear, friction and/ or a
combination of these
.”
[3]
[7]
In the same article the author goes on to explain that:
“
Recent
acute illnesses or uncontrolled chronic diseases may cause lethargy
leading to immobility and increasing the risk of pressure
ulcers. For
example, the patient who had a stroke (CvI) may have significantly
altered mobility and sensation leading to an increased
risk. Every
patient has to be seen at risk for pressure ulcer development
especially if surgery was involved. A pressure ulcer
can start on the
theatre bed in prolonged surgery and this should be a clear
indication to reassess the patient’s skin status.”
[4]
[8] In
the present case two of the risk factors referred to in this article
are relevant. The plaintiff
had suffered a stroke and spent a long
period of time in an emergency section.
Facts
[9] On 9
November 2015, the plaintiff suffered a stroke. It is not clear when
this occurred. She was
living on her own aged 74 at the time. She was
found by a woman who is identified as a companion or a helper
although this identity
is not material. I will refer to her as the
helper. Between 21h30 and 22h000 on the evening of 9 November, the
helper phoned the
plaintiff’s daughter Desia Dhlomo to say that
her mother had collapsed and was lying on the floor unconscious. Ms
Dhlomo
immediately left home in Johannesburg and travelled to
Rustenburg to her mother’s home. She arrived at around midnight
and
found her still lying on the floor. An ambulance was arranged and
arrived shortly thereafter and took her to Ferndale, a private
hospital in Rustenburg.
[10] It is not known
how long the plaintiff had been lying on her floor before the helper
had phoned Ms Dhlomo
to call for help. The plaintiff was unable to
take this further as she still suffers from the effects of the stroke
that she experienced
that day. Nor was the helper. She was not called
as a witness as the plaintiff’s legal team could not locate
her. (According
to Ms Dhlomo the helper was no longer resident in
Rustenburg and had gone to another province and they were not able to
contact
her.)
[11] Ms Dhlomo
told the plaintiff’s expert that the helper had reported to her
that the plaintiff
had suffered her stroke shortly after having her
bath that evening. This would put the timing of the stroke closer to
20h00 that
evening. But as the defendant has argued, this is hearsay
and there is no certainty that she might not have been lying on the
floor
for much longer. The reason why this may be relevant from the
defendants’ point of view is that if she had been lying on a
hard surface for many hours before she was eventually discovered and
then taken to hospital, then it is possible that she may have
developed bed sore by then.
[12] The plaintiff
was brought to Ferncrest hospital at approximately 2h40 on 10
November 2015. Ferncrest is a
private hospital. Since the plaintiff
was not on medical aid her family could not afford to have her
treated there and so she was
moved again by ambulance to a state
hospital in Rustenburg the Job Shimankana Tabane Hospital. She
arrived there at 08h10 and was
then taken to a resuscitation room
where she was intubated, described as restless, and given a dormicum
infusion. But that hospital
did not have the facilities to treat a
stroke patient, so she left there at 11h30 that same day and was
taken by ambulance to GMH.
Records show she arrived there at 12h10
still on 10 November.
[13] Her treating
doctor there was Dr Anyikwa who testified during the
trial and who first saw her
at 13h00. She was intubated, had a
catheter inserted and put on a dormicum drip. The records show that
Dr Anyikwa saw her again
at 20h10. The record states that at this
time she was still awaiting theatre. Again at 02h10 the record shows
she was still awaiting
theatre. It was now 11 November. At 4h10 the
record states she was seen by Dr Anyikwa who says he will attempt to
obtain an ICU
bed and take the plaintiff to theatre. By 9h00 the
records state that she was still awaiting theatre. In the meantime,
the night
staff had gone off duty and been replaced by the day staff.
[14] At 11h30 that
day a Dr Tau saw the plaintiff, requested an ECG, and had the
plaintiff admitted to a ward.
This is a significant event in the
chronology of her treatment at GMH because up until then she was in
an emergency section and
not in a ward. This was a period of
approximately twenty-four hours. What makes this time period
significant on the plaintiff's
case are two issues. The first is that
according to one report called the pre-operation report, done shortly
after her admission
to GMH, she was examined and there is no report
of her having bedsores. The second is that she did not receive any
treatment according
to the hospital’s own protocols in relation
to the possibility of bedsores whilst in the emergency section.
[15] At 12h10 when
the plaintiff had now been admitted to a ward the following entry was
made. It is headed bedsore
report:
“
Patient was found with an
old bed sore 7 by 4 cm, black and peeling off skin. Opsite was put on
the bedsores.”
[16] Then at 12h51
her bedsore was assessed using a technique known as the Waterlow
scale.
[5]
This technique is explained in medical
website in the following way:
“
The Waterlow Score
calculates the risk of pressure ulcers developing on an individual
basis through a simple points-based system.
The Score Card …includes the
build / weight of the resident, their height, skin condition, sex /
age, continence, mobility
and special risk factors like tissue
malnutrition, medication, major surgeries, trauma, and neurological
deficit.
…
. Each choice has a set
value of points, which when tallied up at the end of the assessment
will give you the risk score. If the
resident scored between 10 –
14 they are considered at risk, 15 – 19 is high risk and if
they exceeded 20+ the risk
is classed as very high.”
[6]
[17] The nurse who
did this assessment recorded that the plaintiff had a Waterlow score
of 18. This would put
her into the high-risk category.
[18] This entry was
the first mention of the presence of a bedsore in any of the
plaintiff’s medical records.
Once she was in the ward the
hospital staff kept what is known as a Pressure Care chart. The
purpose of this chart is to record
what is done to relieve pressure
on the patient and the time when it is done. According to this chart
once the plaintiff was admitted
to the ward, she was given pressure
care at two intervals of four hours each (from 14h00 until 22h00) and
thereafter at four intervals
of two hours each (from 22h00 until
06h00 the following day). She was discharged from GMH at 10h20 on 12
November and handed over
to the paramedics. The plaintiff’s
family had requested she be transferred to a private hospital. The
GMH notes record that
the family was concerned about the treatment
she was receiving at GMH. However, since none of these concerns
related to the presence
of the bedsores this decision is not relevant
to this matter.
[19] From GMH the
plaintiff was sent to a private hospital, Akasia. She was at Akasia
for a month until she was
sent to a special rehabilitation hospital
where she was for a week or two, and thereafter was discharged to go
home. Whilst at
home she was seen by a wound specialist who advised
the family that they see an attorney given the state of the
plaintiff’s
bedsores which they duly did, and hence the present
matter. After her return home her daughter photographed her bedsore.
The bedsore
wound appears large, open, and deep to the lay observer.
However, since this photograph, whilst visually disturbing, was taken
several weeks after the plaintiff’s discharge from GMH, it has
no evidential value for the current liability determination.
Evidence
of the experts
[20] Each side
called an expert to testify. The plaintiff called Professor Nel a
professor of nursing. The defendant
called Sister Smit a practising
nursing sister. They agreed on several issues in the joint minute.
Both agreed that the plaintiff
had co-morbidities that made it more
likely that she would be susceptible to bed sores. These were her
age, hypertension and because
she had been lying in the same position
for some time.
[21] The key
difference between the two experts was when the bedsore could have
occurred. According to Professor
Nel whilst research on the topic is
‘scanty’ a pressure sore can develop in six to twelve
hours after sustaining long
term pressure. Sister Smit said that a
bedsore would take a week or so of lying in the same place. She also
was of the view that
“… it gets serious after several
weeks or months of being bound.” Sister Smit therefore
considered that a bedsore
of the size documented on 11 November at
GMH could not have developed in that short time from her admission to
GMH till the bedsore
was detected the following day. To summarise –
whilst Professor Nel posited that the bedsore could have been formed
during
the plaintiff’s first twenty-four hours at GMH, Sister
Smit considered this not possible in such a short period of time.
[22] Professor Nel
also queried the nurses entry describing the bedsore made at 1210
when she was admitted to
the ward. The nurse had described the wound
as black and ‘old.’ Professor Nel said the fact that the
sore was black
did not mean it was old. Rather, what had happened was
a process know as necrosis. The pressure placed on small arteries
leads
to a loss of oxygen and nutrition which is why tissues and
cells die. This explains the black colour. In short on her evidence
the black colour of the wound is not a function of it being old,
rather the onset of necrosis.
Analysis
[23] The defendant’s
appeal is premised on two findings by the court a quo. First that it
erred in respect
of causation in finding that the plaintiff’s
bedsore was caused in the first 24 hours of her treatment at GMH, or
if pre-existing,
on her admission that the hospital staff should have
discovered this on her arrival or shortly thereafter.
[24] The issue of
causation in this case is difficult. First it is possible that the
plaintiff could have developed
her bedsore if she had been lying on
the floor of her home for some time before she was discovered by her
helper. Since the plaintiff
could not testify about this period and
the helper was not called, it is possible that this period may have
been several hours
before Ms Dhlomo was contacted. Professor Nel had
relied on a report made to her by Dhlomo about what the latter had
been told
by the helper which suggests that the stroke occurred
around 20h00. But Dhlomo was never led on this during the trial and
in any
event, it would be hearsay.
[25] So too is
Dhlomo’s report that the staff at Ferncrest told her that they
had bathed the plaintiff because
she had been incontinent.
[26] However, the
plaintiff’s counsel also relies on Dhlomo’s direct
evidence that she was given the
plaintiff’s clothes by the
hospital staff.
[27] The plaintiff’s
counsel seeks to derive two inferences from this. First that if she
had been changed
into new clothes by the hospital staff given that
the plaintiff was semi-conscious, it is likely that the staff would
have observed
her sacral area. If this was the case, then if she had
a bedsore at the time, it would have been noted in the records. Since
it
was not it must not have been in existence at that time.
[28] The next piece
of evidence about the plaintiff’s condition prior to her
admission to GMH comes from
GMH’s pre-operation list. The
plaintiff seeks to rely on the list as it was completed at the time
of the plaintiff's admission
to GMH. The list shows that the
plaintiff was given some form of examination on her arrival yet there
is no mention of any bed
ulcer. Counsel for the plaintiff argues that
if the bedsore was then in existence, it would have been observed,
and noted on the
form. Since it was not, the bedsore must have
developed later. It is common cause that the bedsores were observed
whilst she was
at GMH, so it is not in dispute that the bedsore
occurred before she was discharged from that hospital.
[29] The defendant
advanced two arguments around the chain of causation. The first is
that without the evidence
of the helper it is impossible to know
whether the plaintiff was lying on the floor for several hours before
the call made to Dhlomo
at around 22h00 on 9 November. Given that the
plaintiff was found lying on a hard floor it is possible that the
pressure on her
sacrum developed then. The defendant also argues that
the evidence of the return of the clothes at Ferncrest and the
absence of
any observation on the pre-operative list at GMH, are too
speculative to suggest that the plaintiff had no bedsore prior to her
admission to GMH.
[30] These two
pieces of evidence that the plaintiff relies on to establish that the
bedsores were probably caused
after her admission to GMH require a
court to draw inferences based on facts that are not dispositive.
They rely on the absence
of entries in hospital records and not
direct witness testimony. It is also possible given that the
plaintiff had suffered a stroke
and had to be intubated urgently,
that the staff were not focussed on examining her body for bedsores
and this may have been missed.
Our courts have held that a litigant
will not have discharged the onus of proof if an inference in favour
of both parties is equally
possible.
[7]
[31] But the
defendant has no alternative explanation for how the bedsore
developed. Even if I accept that the
plaintiffs’ evidence for
causation happening at GMH is too speculative, the trial court did
not err in this respect. Rather,
it is clear that the court allowed
for both possibilities as this passage from the judgment indicates:
“
If the bedsore was already
there when the plaintiff arrived at the hospital, then, had they
applied proper bedsore management, they
would have discovered it on
the plaintiff's arrival or shortly thereafter. This would have
enabled them to do damage control. If
the bedsore developed during
her short stay of twenty-four hours up to the time the sore was
discovered, the hospital staff would
have discovered the sore (busy
developing) had they applied bedsore management.”
[32] Thus, on the
question of causation, the court a quo held correctly, in my view,
that even if the bedsore
had been brought into existence prior to the
plaintiff's admission to GMH, this did not exonerate the defendant.
[33] On either
scenario, the question is what did GMH do about bedsore management
once the plaintiff had been
admitted. The crucial period was the
twenty-four hours from when the plaintiff was admitted to GMH on 10
November until the bedsore
was first recorded at 12h10 on the 11
November.
[34] The test for
causation is not dependant on proof of commission. It can also arise
where there has been omission.
In dealing with the question of
causation in a medical malpractice case, the Constitutional court in
Oppelt
held that:
“
While it may be more
difficult to prove a causal link in the context of a negligent
omission than of a commission, Lee explains
that the
'but-for' test is not always the be-all and end-all of the causation
enquiry when dealing with negligent omissions. The
starting point, in
terms of the 'but-for' test, is to introduce into the facts a
hypothetical non-negligent conduct of the
defendant and then ask
the question whether the harm would have nonetheless ensued. If, but
for the negligent omission, the harm
would not have ensued, the
requisite causal link would have been established. The rule is not
inflexible. Ultimately, it is a matter
of common sense whether the
facts establish a sufficiently close link between the harm and the
unreasonable omission.”
[8]
[35] The hospital
had an ongoing duty of care to the plaintiff from the time of her
admission to prevent the bedsore
deteriorating or developing. Given
the plaintiff’s condition at the time of admission, the fact
she was a stroke patient
who had been moved to GMH from two prior
facilities, her age at the time, (she was 72) the history given by
the family of how she
had been found, the length of time spent
in the emergency ward without being moved, the close link between the
harm and the
unreasonable omission can be established on these facts.
[36] The plaintiff’s
case on negligence was that the hospital owed her a duty of care the
test being that
of the “reasonable skill and care” of the
professional in question. In this case the professionals in question
are
not doctors but nurses. It is common cause that the
responsibility for preventing the occurrence of bedsores rests on the
nursing
staff who are trained to deal with it. It is notable that the
academic articles the court was referred to have as their authors
persons with a nursing background. Also, both sides called nurses as
their expert witnesses.
[37] Against that
background the question the court must ask, to apply the customary
test in
Kruger v Coetzee
is: (i) was the harm foreseeable and;
(ii) would that person have taken reasonable steps to guard against
it.
[9]
[38] There is not
much in dispute about the first point. The defendant’s own
protocols cautions nurses about
the dangers of the occurrence of
bedsores for patients. The more contentious point is whether GMH’
s staff, in particular
it nursing staff, took reasonable steps to
guard against the harm.
[39] Here we can
divide the steps taken into two periods. What was done before the
plaintiff was admitted to the
ward and what was done after she was
admitted to the ward. I will deal with the second period first
because it is simpler.
[40] Once the
plaintiff was admitted to the ordinary ward from the emergency ward a
nurse checked her for the
presence of bedsores. This is evident from
the note I referred to earlier made at 12h10. The fact that the nurse
made the wrong
assumption – that the wound was an old one not a
new one, does not detract from the fact that she made the note, moved
the
plaintiff to another position and applied a dressing. Professor
Nel testified that this was the wrong type of dressing, but this
point was not pursued in argument before us as constituting
negligence, so I do not take this aspect any further.
[41] Then the
question is what happened with the plaintiff’s treatment
thereafter until she was discharged
early the following day. The
pressure chart readings show the plaintiff was moved twice in
four-hour intervals and thereafter in
two hourly intervals. Whilst
Professor Nel suggested a two-hour window was more appropriate this
does not give rise to a conclusion
of negligence. The literature she
referred the court too, also speaks of a two-to-four-hour period for
turning patients whilst
the hospital’s protocol does as well.
Plaintiff’s counsel correctly did not press this point on
appeal. A distinction
needs to be drawn between what is expected of
the reasonable professional and one that is especially diligent. The
fact that one
falls short of what the latter may have done does not
amount to negligence. As Cameron J held in Oppelt:
“
This means that we must not
ask: what would exceptionally competent and exceptionally
knowledgeable doctors have done? We must ask:
'what can be expected
of the ordinary or average doctor in view of the general level of
knowledge, ability, experience, skill and
diligence possessed and
exercised by the profession, bearing in mind that a doctor is a human
being and not a machine and that
no human being is infallible.”
[10]
[42] I thus find
that the hospital staff were not negligent in their treatment of the
plaintiff whilst she was
admitted to the ward.
[43] The focus then
is what happened in the first period post admission and prior to the
plaintiff being admitted
to the ward a period of approximately
twenty-four hours. Here the plaintiff’s evidence is
uncontradicted. She was not given
any pressure sore care for this
entire period. By this is meant that she was not turned or put onto
some other form of support.
[44] The defendant
has raised several defences to this. In the first place the defendant
argues, and this is common
cause, she was kept at a 30
°
angle in the bed. This is one of the accepted
treatments for bedsores in the literature although by no means the
only one. Professor
Nel whilst acknowledging this, had two responses.
The first is that the reason for her being kept at the 30
°
angle was part of the stroke prevention treatment not to combat
bedsores. But even if this is the case, if this treatment also helped
to prevent bedsores the fact that it might be motivated for another
reason is irrelevant.
[45] But the better
answer was that keeping the plaintiff at this angle given where her
bedsore was located -
on the sacrum - may have exacerbated the
condition rather than mitigated it because it transferred more weight
to this sensitive
area. Given that a serious bedsore was observed
after twenty-four hours this suggests that Professor Nel is correct.
In the case
of the plaintiff this was not an optimal treatment.
[46] The next
defence was that the plaintiff could not be turned given that she was
in a life-threatening situation
awaiting possible surgery during this
period. Dr Anyikwa who was the neurosurgeon who first treated the
plaintiff at GMH, testified
that when she came in, she was seriously
ill and based on a standard known as the ICH, she had only a 28%
chance of survival. The
defendant also sought to argue that if the
plaintiff had been moved during this initial period this may have
been harmful given
her precarious condition.
[47] But Dr Anyikwa
who had been called as a witness by the defendant rebutted both these
defences. First, he
testified that any unconscious patient
irrespective of whether they are in acute emergency must be treated
in accordance with the
standard that they must be moved every two to
four hours. He then denied having ever instructed the nursing staff
not to move the
patient. Moreover, he testified that the fact that
the plaintiff had to be kept at a 30-degree angle nor the fact that
she was
intubated, did not prevent her from being turned.
[48] Thus, there was
no medical reason why the plaintiff could not have been treated in
terms of the protocol
and been turned in intervals of two to four
hours.
[49] Then the
defendant argued that because the plaintiff had not been admitted to
a ward during these 24 hours
it was not possible to treat her for
bedsores according to the protocol. But there is no evidence from the
treating doctors that
her treatment prevented her from being turned.
Nor is it a defence that emergency nurses do not treat patients for
bedsores only
ward nurses do. When a patient is in the emergency
section for as long as the plaintiff was there normal protocols for
bedsore
treatment must be adhered to. The fact that she was not in a
ward does not mean that the possibility of bedsores was any less
foreseeable
than if she had been in a ward.
[50] Finally in
argument defendant’s counsel contended that public hospitals
have much greater constraints
imposed on them to serve the public and
fewer resources to do so than might a private hospital. This argument
has been mooted in
cases before. Cameron J refers to what was said by
Chaskalson J in
Soobramoney
where in the context of the right
to health care he remarked
“
In assessing the
availability of remedial treatment, the majority judgment places
insufficient weight on the circumstances in which
the doctors and
medical personnel worked on the critical
day. Soobramoney acknowledges that the obligations s 27
places
on the state depend on the resources available. Chaskalson P,
for the majority, expressly noted that lack of resources may limit
the rights the provision confers”
[11]
.
[51] But whatever
resource constraints GMH has as a public hospital this was not an
issue relevant to the treatment
required by the protocols. Had this
been the case no doubt Dr Anyikwa would have said so. All that was
required of them to meet
the standard was to turn the plaintiff every
two to four hours. They did not do so in the first twenty-four hours
and this fact
is not in dispute.
Conclusion
[52] The defendant’s
hospital staff failed in their duty of care to the plaintiff to
prevent the onset or
spread of the bedsore she sustained. In doing so
in the first twenty-four hours of treatment at the hospital the
nursing staff
failed to adhere to the reasonable standard required of
them for the prevention and management of bedsores. This was a
standard
the hospital itself had adopted and it can be expected that
its nursing staff would have been trained in it. Gravely ill as the
plaintiff was on admission Dr Anyikwa testified that this was not
impediment to the protocol being observed. He gave no instruction
to
the contrary.
[53] I therefor
conclude that the court a quo correctly decided the matter and the
appeal must be dismissed. The
court a quo reserved costs of the case
for the second part of the case which concerns quantum. But
regardless of the final outcome
the plaintiff has still had to incur
the costs of this appeal which are independent of any outcome on
quantum. The plaintiff should
get her costs. Both counsel considered
that scale C of the new scale of costs should apply.
ORDER:-
[54]
In the result the following order is made:
1. The appeal
is dismissed.
2. The
plaintiff is awarded costs including costs of one counsel on Scale C.
N. MANOIM
JUDGE OF THE HIGH COURT
GAUTENG DIVISION
JOHNANNESBURG
I concur
M.
MAKUME
JUDGE OF THE HIGH COURT
GAUTENG DIVISION
JOHNANNESBURG
I concur
M.
SENYATSI
JUDGE OF THE HIGH COURT
GAUTENG DIVISION
JOHNANNESBURG
This
judgment was prepared by Judge Manoim. It is handed down
electronically by circulation to the parties or their legal
representatives
by email, by uploading to the electronic file of this
matter on Caselines, and by publication of the judgment to the South
African
Legal Information Institute. The date for hand-down is deemed
to be 02 September 2024.
Date
of hearing
:
14 August 2024
Date
of Judgment
:
02 September 2024
Appearances:
For the Appellant:
M.W. Dlamini S.C
Instructed by:
Office of the State Attorney
For the Respondent:
P. Uys
Instructed by:
Malcolm Lyons &
Brivik Inc
[1]
GMH is located in Ga-rankuwa which is in the jurisdiction of this
court.
[2]
According to Medlin- Plus Medical dictionary: “
The
sacrum is a shield-shaped bony structure that is located at the base
of the lumbar vertebrae and that is connected to the
pelvis. The
sacrum forms the posterior pelvic wall and strengthens and
stabilizes the pelvis.”
[3]
According to the European Pressure Ulcer Advisory Panel (1999)
quoted in ‘
The
prevention and treatment of pressure ulcers’
by Sister Liesel Naude,
published in the journal ‘
Professional
nursing today
’
,
Volume 11 number 6 November/ December 2007.
[4]
Ibid.
[5]
It is named after Helen Waterlow who developed the system.
[6]
https://www.caredocs.co.uk/what-is-the-waterlow-score-and-how-can-it-help-assess-risk-of-pressure-injuries
[7]
See
Cooper
and Another NNO v Merchant Trade Finance Ltd
2000
(3) SA 1009
(SCA) at 1027 to 1028.
[8]
Oppelt
v Department of Health, Western Cape
2016
(1) SA 325
(CC) paragraph 48
[9]
1966(2) SA 428 (A) at 430.
[10]
See Oppelt supra paragraph 108.
[11]
Oppelt
supra paragraph 100.
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