Medical negligence and res ipsa loquitur in South Africa

Abstract

The inter-relationship between Medicine and Law is most commonly brought to the fore with cases involving medical negligence. This relationship needs to protect all parties concerned based on the probability of reasonableness in terms of who performs the act as well as the patient affected by the act in question.

The res ipsa loquitur doctrine is currently not being used in the South African courts. This paper discusses what is considered as medical negligence and the use of the res ipsa loquitur (the case speaks for itself) doctrine. A short overview of an international perspective is given followed by a discussion on how negligence matters are dealt with by the South African courts.