Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182

27th November 2014 By: Shannon de Ryhove - Contributing Editor

Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182

Photo by: Bloomberg

Summary: Delict – medical negligence – surgical swab left in patient – inappropriate to resort to piecemeal processes of reasoning – only one enquiry – whether plaintiff has discharged the onus of proving on a balance of probabilities the negligence averred against the defendant – whether maxim res ipsa loquitur should be jettisoned from our vocabulary.