- A doctor was found to be liable for a patient's brain injury.
- The man was admitted to the emergency unit after he overdosed on pills and alcohol.
- The doctor left the patient with nursing staff, without adequately instructing them.
The Supreme Court of Appeal (SCA) found a KwaZulu-Natal doctor liable for the brain injury sustained by a man admitted as a patient in the emergency unit of Life Westville Hospital eight years ago.
The man, who was 43 at the time, was brought to the hospital's emergency unit by his wife after he reportedly consumed alcohol and an unknown quantity of tablets.
Dr Sudhir Mohun examined the man.
However, that evening, the man became hypoxic and suffered from cardiac arrest, which led to permanent brain damage.
Mohun was filling in for Doctors G Sanpersad, R Maharaj & Associates, a medical practice which provided clinical care in the emergency unit in terms of an agreement with the hospital.
In its judgment, the SCA found Mohun was negligent when he left his patient in the care of the nursing staff, without adequately instructing them.
The appeal court found the evidence of Professor André Retief Coetzee, a specialist anaesthetist for cardiac and pulmonary procedures, was "cogent, clear and founded on logical reasoning".
Mohun agreed with Coetzee that, if the hypoxia was reacted upon timeously, the cardiac arrest would probably not have occurred, and the man would not have suffered brain damage.
Mohun also conceded that had he checked on the man after 21h35 and, up until 22h00, he would have been able to save him from suffering brain damage.
The court found the man's history of overdosing on alcohol and pills should have caused a reasonable medical practitioner in Mohun's position to expect a gradual change in his patient's breathing and oxygenation.
It, therefore, found the doctor was negligent.
Mohun conceded that he should have given clear instructions to the nursing staff to constantly remain with the patient, as well as what precisely to monitor him for, "given that the ingestion of drugs and alcohol could affect his respiratory rate and lead to possible airway obstruction".
Regarding the liability of Doctors G Sanpersad, R Maharaj & Associates, the SCA said:
"It follows that there was simply no legal basis upon which the second appellant could attract vicarious liability for the conduct of the first appellant.
"Thus, on the evidence before us, no case has been made out for a finding that the second appellant [the medical practice] was vicariously liable for the delicts of the first appellant [Mohun]."
The SCA found the medical practice was not liable for damages.