Deniro Pillay (ZA)

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Unfair delays lead to doctor’s permanent stay of disciplinary proceedings

By Deniro Pillay (ZA) and Jenny Govender on May 24, 2023 Posted in General

In the judgment of Aslam v President: Health Professions Council and Others (3 April 2023), the court decided to permanently set aside disciplinary proceedings and to prevent The Medical and Dental Professions Board of the Health Professions Council of South Africa (HPCSA) from taking any further disciplinary measures relating to a complaint of unprofessional conduct … Continue reading

Prescription does not run against a mentally incapacitated claimant despite having a curator

By Deniro Pillay (ZA) and Purnel Gangiah on May 9, 2023 Posted in Healthcare

The Supreme Court of Appeal confirmed that in circumstances where a claimant is mentally incapacitated, the completion of the period of the prescription of a claim would not occur for as long as the mental health impediment exists. Placing a claimant under curatorship is in itself an impediment. It does not bring about a cessation … Continue reading

A reminder to employers; failure to guard against foreseeable harm at the workplace may attract liability

By Deniro Pillay (ZA) and Purnel Gangiah on February 22, 2023 Posted in Insurance

In circumstances where an employer fails to take reasonable steps to guard against the inherent dangers to employees in operating machinery on its premises, such entity may find itself liable for the damages sustained by the operator of the machinery. Operators of machinery must be reasonably trained by employers to ensure that they have the … Continue reading

The occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property

By Deniro Pillay (ZA) and Purnel Gangiah on November 15, 2022 Posted in Insurance

In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken by … Continue reading

Negligent conduct does not automatically attract liability

By Deniro Pillay (ZA) and Purnel Gangiah on June 28, 2022 Posted in Insurance

Where a claimant sues for damages for a personal injury claim, the proof of negligence does not automatically attract liability on the part of the third party for the claim. The claimant is required to prove that the third party’s negligent act or omission caused the harm or loss suffered by the claimant. This was … Continue reading

Court re-enforces the principles relating to expired tenders

By Deniro Pillay (ZA) and Purnel Gangiah on June 23, 2022 Posted in General

In circumstances where a validity period of a tender has expired, and the tender has not been awarded, the tender process is considered “completed”, despite there being no award. Without a timeous extension of the validity period, there is no tender award capable of acceptance as the “offer” has expired. In the City of Ekurhuleni … Continue reading

The meaning of “to pay” orders and the public health defence

By Carol Holness (ZA) and Deniro Pillay (ZA) on April 7, 2021 Posted in General

In April 2021, the Constitutional Court handed down a seminal judgment relating to the public health defence which will influence medical malpractice claims against the state across the country. In Member of the Executive Council for Health, Gauteng Provincial Government v PN [2021] ZACC 6, the court considered whether an order finding the MEC liable … Continue reading

When does a healthcare practitioner’s claim for damages for malicious HPCSA proceedings prescribe?

By Deniro Pillay (ZA) and Siyabonga Mathe on November 16, 2020 Posted in General

A healthcare practitioner, who is the subject of malicious HPCSA proceedings, may institute a damages claim for malicious prosecution against the complainant who initiated the proceedings within three years from the date the HPCSA informs the practitioner of its decision to dismiss the complaint. The claim only arises, and prescription starts to run, from the … Continue reading

Limiting the duty of care of a shop owner to customers

By Deniro Pillay (ZA) and Purnel Gangiah on September 16, 2020 Posted in General

Shop owners have a duty of care to their customers. The duty of care necessitates preventing harm to customers, which can be reasonably foreseen. The duty is however not limitless. In De Wet v Gateway Plaza Meatworld CC De Wet slipped and fell at Gateway Plaza. She alleged that her fall was caused by oil … Continue reading

No case for sub-threshold hypoxic ischemic injury in cerebral palsy claims

By Carol Holness (ZA) and Deniro Pillay (ZA) on January 22, 2020 Posted in General

In December 2019, the Durban High Court rejected expert evidence attempting to introduce a third type of hypoxic ischemic injury as the basis for a damages claim by a child born with cerebral palsy. A hypoxic ischemic event is caused by a lack of oxygen or a lack of blood flow in the brain which … Continue reading

Covering doctors have an immediate legal duty of care to patients

By Deniro Pillay (ZA) on October 2, 2018 Posted in General

A doctor who covers for a colleague has an immediate legal duty to care for his colleague’s patients whilst on call. This was recently confirmed by the Supreme Court of Appeal in a case where a doctor (gynaecologist/obstetrician) agreed to cover for a colleague. The doctor positively responded to a telephone call from a midwife … Continue reading