Premier of the Province of KwaZulu-Natal v Sonny

Mrs Jayanthi Sonny, a 37-year-old high-risk pregnant patient, attended a municipal clinic and was referred to Addington Hospital. An initial ultrasound revealed borderline ventriculomegaly, a soft marker for Down’s syndrome, and recommended a rescan in two weeks. The respondents alleged that hospital doctors failed to inform Mrs Sonny of the risks, the significance of the inconclusive scan, and the necessity of urgent follow-up testing that could have enabled a lawful termination of pregnancy under the Choice on Termination of Pregnancy Act 92 of 1996. Mrs Sonny was instead sent back to the clinic without adequate explanation. Relying on reassurances from clinic staff, she did not return for the rescan. Later testing incorrectly indicated no chromosomal abnormality, and the couple consented to a bilateral tubal ligation. After birth, the child was diagnosed with Down’s syndrome. The parents sued the Premier (responsible for provincial hospitals) and the Municipality for damages, including the cost of maintaining the child.

The appeal was dismissed with costs, including the costs of two counsel. The appellant remained liable for such damages as the respondents may prove arising from the negligent failure to inform and manage the pregnancy.

The case is significant for South African medical negligence law, particularly in the public healthcare context. It affirms the duty of doctors to communicate clearly, involve patients in decision-making, and ensure informed consent, especially for vulnerable and unsophisticated patients. It also recognises liability for the negligent loss of an opportunity to make reproductive choices under the Choice on Termination of Pregnancy Act.