Dr Naidoo, an obstetrician, was overseeing his patient Naledi during the delivery of her child Mandla at a private hospital in Tshwane. Mandla was a large baby, weighing in at 4,2 kilograms and Dr Naidoo used forceps to deliver Mandla. After birth, it was confirmed that Mandla suffered severe brain damage. Naledi after consulting with her legal practitioner was advised to institute a delictual action against Dr Naidoo. Naledi alleged that Dr Naidoo failed to perform a caesarean section which would have been the appropriate medical intervention under the circumstances and had he done so Mandla would not have sustained severe brain damage