Sibisi NO v Maitin

Mrs Nondumiso Sindiswe Sibisi NO sued Dr D P Maitin, an obstetrician and gynaecologist, for damages arising from injuries suffered by her daughter, Yandiswa, during birth. Yandiswa was delivered vaginally after induced labour and developed shoulder dystocia due to her large size (4.68kg). Dr Maitin performed a vacuum extraction, episiotomy, and a modified McRoberts’ manoeuvre to release the stuck shoulder. The child sustained a brachial plexus injury resulting in Erb’s palsy. Mrs Sibisi alleged that Dr Maitin negligently misestimated the baby’s weight, failed to recommend or perform a Caesarean section, mismanaged labour, improperly performed the McRoberts’ manoeuvre, and failed to warn her of the risks of vaginal delivery, thereby causing the injury.

The appeal was dismissed with costs.

The case reaffirms South African principles on medical negligence, emphasizing that liability depends on proof of negligence judged by the standard of the reasonable medical practitioner. It confirms that unforeseeable complications in childbirth do not automatically ground liability and clarifies that informed consent does not arise as an independent basis for liability where negligence is not established.