Earlier in the year, UP News reported on the involvement of the Centre for Law and Medicine in a case of alleged medical negligence taken to the Supreme Court of Appeal (SCA) and in which the Centre acted as amicus curiae, or ‘friend of the court’. The Centre advocated for res ipsa loquitur, or ‘the case speaks for itself’, despite the fact that this principle had never before been applied in medical law. When the SCA recently ruled that the onus to completely prove negligence by medical practitioners no longer rests with the patients who sue them and thereby changed a law that has stood firm for 90 years, the Centre’s efforts were rewarded.

The Centre acted as amicus curiae in the case between Cecilia Goliath and the Member of the Executive Council (MEC) for Health in the Province of the Eastern Cape. Ms Goliath had opened a case against the MEC after the discovery of a surgical swab in her abdomen following a medical procedure. The Centre decided to become involved because of the extreme challenges Ms Goliath faced in proving her case, and also because their involvement in this specific case could lead to the development of medical law. The Centre argued that in cases of such an absolute nature, the law could not stand on outdated precedents alone, but had to consider the absolute facts of the case and question procedural fairness.

The Eastern Cape’s leading newspaper, The Mercury, reported on this particular case, which came to the SCA after the High Court had dismissed Ms Goliath’s claim as she was allegedly unable to prove the hospital staff’s negligence. The SCA found that she had provided evidence that gave rise to an inference of negligence and she was granted R250 000 damages and her legal costs.

While the Centre does not intend to frequently take on cases such as this in the future, it will certainly uphold its endeavour to ensure that the content and maintenance of health care and relevant laws are under continuous scrutiny, and to make a real difference in the lives of those who have been affected by medical blunders.

The Director of the Centre, Prof Pieter Carstens, previously noted the Centre’s essential role with regard to ensuring that the regulation of health care is under continuous scrutiny, particularly given our country’s major disparities and inequalities, and since the majority of the population is dependent on public health care. He expressed his belief that the Centre had not only helped Ms Goliath, but that the ruling made by the SCA has placed the young Centre ‘on the map’ and on track to become the flagship for medical law in South Africa within the next five years.