Meyers v Member of the Executive Council, Department of Health, Eastern Cape

The appellant, Ms Felicia Meyers, underwent a laparoscopic cholecystectomy (removal of her gall bladder) at Livingstone Hospital on 2 March 2010, performed by Dr Richard Vogel, a surgeon employed by the Eastern Cape Department of Health. During the procedure, two small perforations (approximately 2 mm each) were caused to her common bile duct, resulting in bile leakage and subsequent infection. A second corrective operation was required. Ms Meyers sued the MEC for Health for damages, alleging that the injuries were caused by Dr Vogel’s negligence in performing the surgery. The High Court dismissed her claim, and a full court upheld that dismissal, finding that negligence had not been proven. Ms Meyers then appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The orders of the full court and the trial court were set aside. The MEC for Health was held liable for the damages suffered by the plaintiff as a result of the bile duct injuries, and ordered to pay the plaintiff’s costs. The matter was postponed sine die for determination of damages.

This case is significant for clarifying the application of negligence principles in South African medical malpractice law. It underscores that even minor surgical injuries may give rise to liability if the evidence shows that reasonable care and skill were not exercised. The judgment reinforces the proper approach to evaluating expert evidence and the circumstances in which an inference of negligence may be drawn in delictual claims against medical practitioners.