Van Wyk v Lewis[1] is an important case in South African law, particularly in the area of delict and on the question of negligence.
The defendant, a surgeon, had performed an urgent and difficult abdominal operation upon the plaintiff.
At the conclusion of the operation, one of the swabs used by the defendant was overlooked and remained in plaintiff's body, from which it passed after a lapse of twelve months.
Although the defendant, in performing the operation, was bound to exercise all reasonable care and skill, it was a reasonable and proper practice to leave the duty of checking the swabs to the theatre sister, so the defendant, in following that practice, was not guilty of negligence.
The decision of the Queenstown Circuit Local Division, in Van Wyk v Lewis, was thus confirmed.