![Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182](https://cisp.cachefly.net/assets/articles/images/resized/0000376745_resized_healthsurgery1022bloomberg.jpg)
- Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 1820.35 MB
Summary: Delict – medical negligence – surgical swab left in patient – inappropriate to resort to piecemeal processes of reasoning – only one enquiry – whether plaintiff has discharged the onus of proving on a balance of probabilities the negligence averred against the defendant – whether maxim res ipsa loquitur should be jettisoned from our vocabulary.
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