Dutton - Medical Malpractice in SA

120
Medical Malpractice in South African Law
6.4 the diagnosis and advice was so palpably wrong that it would not in the
circumstances have been made by a reasonable general medical practitioner
acting with due care, skill and diligence. 6
7. As a result of the defendant’s wrong diagnosis and advice, the plaintiff consented
to and underwent a surgical procedure for the further exploration and
treatment of a pneumo-thorax when there was no need for such procedure.
8. The defendant’s negligent diagnosis and advice caused the plaintiff to
experience pain and suffering and loss of the amenities of life as a result
of the unnecessary surgical procedure, which is more fully particularised
as follows: [set out the nature of the injuries suffered and the calculation of the
amount claimed in terms of Rule 18(10) of the Uniform Rules of Court]. 7
9. In the premises the defendant is liable to pay the sum of [quantum] to the
plaintiff.
10. Notwithstanding written demand delivered to the defendant on [details], the
defendant has failed to pay the sum claimed to the plaintiff.
WHEREFORE [etcetera …]
6
The allegations in paragraph 6 establish the conduct on the part of the defendant. In this
regard see para 4.13 above.
7
See ch 3 above and esp paras 3.17–3.18.