An Eastern Cape medical negligence claim has been dismissed after the High Court in Mthatha found that a woman had not proved liability against the doctor she sued.

According to IOL, Acting Judge M Mhambi ruled that the plaintiff failed to establish that Dr S Mduna committed a wrongful or negligent act linked to her alleged injuries. The court dismissed the claim with costs.

Court finds claim was not proved against Dr Mduna

The case arose from events on 28 May 2015, when the woman attended Dr Mduna’s medical centre for a choice termination of pregnancy, according to court papers cited by IOL.

She alleged that negligent treatment caused serious complications, including a uterine rupture. She later underwent a subtotal hysterectomy, which she said left her unable to have children.

However, Dr Mduna denied treating her on the day. He told the court that he was not on duty and that the patient had been seen by Dr Mfolozi, a locum doctor working at the practice.

Medical records and a sick note completed by the locum doctor supported that version, according to the report. The court noted that it was common cause that the woman had been seen by Dr Mfolozi, not Dr Mduna.

Pleadings proved central to the ruling

Judge Mhambi said a plaintiff in a delictual claim must prove the required elements of liability, including wrongful conduct, negligence and causation.

The court found that the plaintiff did not amend her particulars of claim after Dr Mduna raised the locum doctor issue in his pleadings. She also did not sue Dr Mfolozi or plead that Dr Mduna was vicariously liable for the locum doctor’s conduct.

“It would not be reasonable to impose liability on the defendant,” the court found, according to IOL. The court added that no wrongful act or negligence by Dr Mduna had been established.

South Africa’s Choice on Termination of Pregnancy Act 92 of 1996 sets out the circumstances and conditions under which a pregnancy may be terminated. The Act commenced on 1 February 1997, according to Gov.za.

The National Department of Health’s 2020 clinical guideline says it aims to guide safe, equitable and user-friendly termination of pregnancy services in both public and private health settings.

Responses and next steps

No separate response from the plaintiff, Dr Mduna or Dr Mfolozi was available in the provided source material.

The Eastern Cape medical negligence claim therefore ended with the court dismissing the action and ordering the plaintiff to pay the costs of the proceedings. The ruling also underlines the importance of correctly identifying the party alleged to be liable in medical negligence litigation.