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South Africa decisions
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YM obo LM v Member of Executive Council, Health, Gauteng Province (58672/2021) [2025] ZAGPJHC 500 (22 May 2025)
The High Court found the defendant 100% liable for a newborn’s hypoxic-ischemic brain injury, holding that delayed intervention and poor monitoring were negligent.
N.M v Member of the Executive Council for the Department of Health - Eastern Cape (227/2017) [2024] ZAECBHC 32 (27 August 2024)
The High Court held the Eastern Cape health department liable after finding negligent labour monitoring caused a child’s hypoxic-ischemic brain injury.
P.B obo I.S v Member of the Executive Council Responsible for Health in Eastern Cape (242/2020) [2023] ZAECBHC 30 (3 October 2023)
High Court delict claim over alleged obstetric negligence held the MEC liable for brain damage sustained during labour, with damages left for later quantification.
R.S.L obo T.M v MEC of Health, Gauteng [2023] ZAGPPHC 251; 13493/18 (4 April 2023)
The court found that the defendant's staff failed to monitor the plaintiff and foetus adequately during labour, constituting substandard nursing care and a breach of the duty of care. The lack of monitoring and delayed intervention, including the failure to perform a caesarean section when indicated, was causally linked to the hypoxic ischaemic injury and resultant cerebral palsy suffered by the child. The court applied the 'but for' test and concluded that, on a balance of probabilities, proper monitoring and timely action would have prevented the injury. The defendant's conduct was negligen…
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I.P.M obo L.M v Member of the Executive Council for Health, Gauteng Provincial Government (Y63356/19) [2022] ZAGPPHC 299 (5 May 2022)
Quantum proceedings in a medical-negligence claim over severe birth injury at Pholosong Hospital were settled by agreement after liability had already been separated.
M on behalf of M v The Member of the Executive Council for Health, Gauteng (17/45375) [2021] ZAGPJHC 627 (8 November 2021)
The court found that the hospital staff failed to monitor the plaintiff adequately, did not assess her for cephalopelvic disproportion as required, and delayed both the diagnosis and performance of a caesarean section. The evidence established that the child’s injury resulted from prolonged foetal distress during the period of delay, and that timely intervention would likely have prevented or limited the harm. The defendant’s speculative defences regarding ante-natal causes were unsupported. The court concluded that both negligence and causation were proved on a balance of probabilities, and…
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D.T N.O v Member of the Executive Council for Health, Mpumalanga (91622/2016) [2020] ZAGPPHC 770 (18 September 2020)
High Court delict claim over alleged negligent labour monitoring that led to a child’s hypoxic brain injury and cerebral palsy; defendant held liable.
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