Chapeikin v Mini

The respondent, Ms Loretta Charmaine Mini, experienced symptoms suggestive of a stroke on 17 April 2007. She consulted two general practitioners, Dr S Chapeikin on the evening of 17 April and Dr J Sher the following day. Dr Chapeikin diagnosed hypertension, anxiety and ear imbalance, while Dr Sher diagnosed a mild stroke that had completed. Neither referred her to hospital. Ms Mini’s condition deteriorated over the following days and she was admitted to hospital on 20 April 2007 with complete right-sided hemiplegia. Despite rehabilitation, she was left permanently disabled and later boarded from employment. She sued both doctors for damages in delict (and alternatively contract), alleging negligent misdiagnosis and failure to refer her for specialised hospital treatment, which she claimed caused or materially contributed to her permanent sequelae.

The appeal was upheld with costs. The order of the Western Cape High Court was set aside and replaced with an order dismissing the plaintiff’s claim with costs.

This case is significant for South African medical negligence law as it reaffirms that proof of negligence alone is insufficient for delictual liability; a plaintiff must also establish a probable causal link between the alleged negligence and the harm suffered. It underscores the difficulties of proving causation in ‘stroke in evolution’ cases and cautions against separating merits and quantum where causation and damages are closely linked.