Michael v Linksfield Park Clinic (Pty) Ltd and Another

A 17-year-old boy underwent elective nasal surgery under general anaesthesia at Linksfield Park Clinic. During the operation he suffered a hypertensive crisis, subsequent bradycardia and cardiac arrest, leading to prolonged cerebral hypoxia and permanent vegetative state. His parents sued the clinic and the anaesthetist, alleging negligent administration of drugs (notably propranolol in conjunction with cocaine), failure to foresee and prevent cardiac arrest, and negligent resuscitation including delay caused by an allegedly defective defibrillator and lack of training. The High Court separated liability from quantum, found no negligence proved, and dismissed the claim. Leave to appeal was granted.

Appeal dismissed; the judgment of the High Court dismissing the plaintiffs’ claim was confirmed, with costs.

This is a leading South African authority on the evaluation of expert medical evidence in negligence cases. The SCA expressly endorsed the reasoning in Bolitho v City and Hackney Health Authority, holding that courts are not bound by expert opinion unless it is logically defensible. The case is frequently cited for the principle that negligence is a legal determination for the court, not experts, and for clarifying the onus and approach in complex medical malpractice litigation.