Sufficient Knowledge, Not Suspicion: Clarifying Prescription In Medical Malpractice Cases

Introduction:

The recent Eastern Cape Division of the High Court judgment in N[...] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims, particularly where the claimant is a layperson with limited access to medical knowledge. The judgment further delves into how courts interpret "knowledge of the facts" under section 12(3) of the Prescription Act and section 3 of the Legal Proceedings Against Certain Organs of State Act.

Summary of facts:

The plaintiff alleged negligence by medical staff at St Lucy's Hospital during the birth of her child on 23 January 2007. The child suffered severe hypoxic ischemic brain injury, resulting in permanent disability. The plaintiff claimed that the hospital failed to monitor labour adequately and provide reasonable care.