Unitas hospital vs. Maria Magdalena Van Wyk

This case deals with a request for information from a private hospital. This appeal has its origin in an application by the first respondent, Mrs van Wyk, against the appellant hospital (‘Unitas’) and the second respondent, Dr Naud, under the provisions of the Promotion of Access to Information Act 2 of 2000 (PAIA) in the Pretoria High Court. The background to the application appears from what follows. Unitas is a private hospital in Centurion. On 3 July 2002, Mrs van Wyk’s late husband died while he was a patient in Unitas. Mrs van Wyk contended that the death of her husband was brought about by the negligence of Unitas’s nursing staff. She also believed, on the basis of expert evidence received, that she had an action against Unitas for the damages that she suffered through her late husband’s demise. Her application for access to information was with a view to the institution of that action.

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