The damages claim against a gynecologist by parents of a now six-year-old child has failed, says a Pretoria News report. The parents sought R5m from the doctor based on patrimonial loss arising from their duty to support their child.

They argued that the child, born in May 2018, was the result of the doctor's failure to perform the sterilisation procedure. Their claim was based on an alleged breach of contract or, alternatively, delict.

Meanwhile, the doctor filed a special plea, arguing that the claim had lapsed since the parents had three years to institute their claim, after which it would fall outside the legal time frame.

The key issue before the Free State High Court (Bloemfontein) was whether the parents issued summons against the doctor outside this three-year period.

The court's focus was on determining when the claim should have been filed – whether it was at the time the mother fell pregnant or only after the child's birth.

The parents contended that they were correct in filing their summons only after the birth of their child.

Conversely, the doctor maintained that the mother should have initiated her claim once she learned she was pregnant.

Judge President Johannes Daffue ruled in favour of the doctor, stating that the claim had lapsed.

He noted that the parents were fully aware of the facts since January 2018 and should have instituted their damages action within three years from that date.

As a result of this technicality, the parents cannot proceed with their claim.

Full Pretoria News report in The Star

Judgment