Question
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
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. Bearing the aforesaid in mind, 2.1 With reference to authority, discuss the test/s the court will use to determine whether there was any wrongfulness in respect of Dr Naidoo's conduct. Refer to the traditional as well as the recent tests for wrongfulness in your answer. (20)
2.2 With reference to authority, discuss the test/s the court will use to determine negligence on the part of Dr Naidoo. (20)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started