Life Healthcare Group (Pty) Ltd v Dr Abdool Samad Suliman

Mrs Sibaya was admitted to a Life Healthcare hospital while in labour. Her contracted obstetrician was unavailable and requested Dr Abdool Samad Suliman to ‘cover’ for him. Dr Suliman agreed and provided telephonic instructions to hospital nurses regarding the management of labour, sedation and medication, but did not attend the hospital in person for several hours. During this period, the foetus was in distress, which was not communicated to Dr Suliman because the nurses failed to relay the CTG results. When Dr Suliman eventually attended the hospital, further complications arose, and the baby was born with cerebral palsy. Expert evidence indicated that the injury could probably have been avoided had the foetal distress been detected and acted upon earlier.

The appeal was upheld. The SCA apportioned damages between the hospital and Dr Suliman on a 60:40 basis, with Dr Suliman being held liable for 40% of the damages suffered by Mrs Sibaya and her child.

The case is significant for clarifying that a medical practitioner who agrees to ‘cover’ for another doctor assumes a full legal duty of care to the patient. It reinforces standards of professional conduct in obstetric care and confirms the application of apportionment of damages in cases of concurrent medical negligence involving both hospitals and practitioners.