In the matter of The Premier of the Province of Kwazulu-Natal v Kishore Sonny & Jayanthi Devi Sonny the Supreme Court of Appeal dismissed the Premier’s appeal against a finding of the Kwazulu-Natal High Court (Durban) in which that Court had found in the Plaintiffs’ (the Respondents in the appeal) favour in relation to a damages claim brought by them against the Premier.

This claim, based on medical negligence, where the King Edward VIII Hospital in Durban failed to inform Mrs Jayanthi Sonny that the foetus she was carrying might be inflicted with Downs Syndrome and further failed to inform her of the risks attendant  upon the pregnancy and to ensure timeous conclusive chromosomal testing to enable a termination of pregnancy in terms of The Choice of Termination of Pregnancy Act 92 of 1996.  

The Supreme Court of Appeal held that Mrs Sonny’s treating doctors ought to have involved her fully in her treatment and the diagnosis of the condition of the foetus and further held the medical staff to be negligent and liable for damages that might be proved to have been sustained.

For a full copy of the judgment of the Supreme Court of Appeal click here.