Anele Lobishe v Member of the Executive Council, Department of Health, Eastern Cape

The plaintiff was admitted to provincial health facilities in the Eastern Cape in March–April 2017 with weakness in both legs and back pain, but was still ambulatory with a crutch. He was diagnosed with a T11/T12 thoracic disc herniation and underwent posterior laminectomy and fusion with pedicle screw fixation at Livingstone Hospital on 12 April 2017. Shortly after surgery he suffered complete loss of motor function and sensation in both lower limbs and became permanently paraplegic. Post-operative CT scans revealed that the right-sided pedicle screws at both T11 and T12 levels were grossly misplaced and penetrated the spinal canal, causing direct spinal cord injury. The plaintiff alleged negligent medical treatment by employees of the Department of Health.

The defendant was held liable for all damages the plaintiff may prove arising from the negligent medical treatment on 12 April 2017. The separation order was varied to reflect amended pleadings. The defendant was ordered to pay the plaintiff’s costs on liability, including counsel’s costs and expert witness costs, with interest from 30 days after allocatur or agreement.

The judgment reinforces principles governing medical negligence claims against public health authorities, particularly in complex spinal surgery cases. It clarifies the distinction between unavoidable surgical complications and negligent conduct, affirms reliance on joint expert minutes and unchallenged expert evidence, and applies established causation principles from Constitutional Court and Supreme Court of Appeal jurisprudence in the context of catastrophic medical injury.