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South Africa Case Law

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Delict [2025] ZAECBHC 16

V.N obo M.N v Member of the Executive Council for Health, Eastern Cape Province (10/2020)

V.N obo M.N v Member of the Executive Council for Health, Eastern Cape Province (10/2020) [2025] ZAECBHC 16 (29 July 2025)

Court held the province liable for negligent labour management causing a newborn’s hypoxic brain injury; quantum was postponed.

  • Medical Negligence
  • Causation
  • Expert Evidence
  • Birth Injury
  • Quantum Separation
  • Joint Expert Minutes
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Delict [2024] ZAWCHC 349

N.Z v Member of the Executive Council for Health Western Cape (8734/2017)

N.Z v Member of the Executive Council for Health Western Cape (8734/2017) [2024] ZAWCHC 349; [2025] 1 All SA 838 (WCC) (1 November 2024)

High Court held the provincial health department liable for negligent management of a shoulder dystocia birth that caused brachial plexus injury and HIE.

  • Medical Negligence
  • Birth Injury
  • Shoulder Dystocia
  • Standard Of Care
  • Hospital Record Keeping
  • Causation
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Delict [2023] ZAFSHC 473

D.F.M obo N.M v MEC for Health Free State Provincial Government (583/2017)

D.F.M obo N.M v MEC for Health Free State Provincial Government (583/2017) [2023] ZAFSHC 473 (4 December 2023)

The High Court held the Free State health department liable for a child's cerebral palsy after finding negligent intra-partum care, delayed intervention, and poor monitoring.

  • Medical Negligence
  • Causation
  • Vicarious Liability
  • Expert Evidence
  • Birth Injury
  • Costs Order
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Delict [2022] ZAECBHC 43

Z.L obo A.L v MEC for Health (378/2019)

Z.L obo A.L v MEC for Health (378/2019) [2022] ZAECBHC 43 (6 December 2022)

The High Court held the MEC for Health liable for a birth-injury claim after finding hospital staff negligently managed shoulder dystocia and caused a brachial plexus injury.

  • Medical Negligence
  • Birth Injury
  • Brachial Plexus Injury
  • Hospital Protocols
  • Standard Of Care
  • Medical-negligence
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Delict [2022] ZAGPPHC 887

R.P v Member of the Executive Council for Health, Gauteng (57373/2017)

R.P v Member of the Executive Council for Health, Gauteng (57373/2017) [2022] ZAGPPHC 887 (21 November 2022)

The High Court held the defendant liable for a child’s hypoxic brain injury at birth, finding the plaintiff’s uncontested evidence and expert proof established negligence.

  • Medical Negligence
  • Birth Injury
  • Cerebral Palsy
  • Expert Evidence
  • Costs Order
  • Rule 33 4 Separation
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Delict [2022] ZAGPPHC 438

N.S obo A.S v MEC for Health Gauteng Provincial Government (32412/2020)

N.S obo A.S v MEC for Health Gauteng Provincial Government (32412/2020) [2022] ZAGPPHC 438 (2 June 2022)

The High Court held the Gauteng health department liable after finding nursing staff negligently failed to monitor fetal distress during labour, causing severe brain injury.

  • Medical Negligence
  • Vicarious Liability
  • Causation
  • Expert Evidence
  • Birth Injury
  • Quantum Separation
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Delict [2018] ZAKZPHC 8

H.N v MEC for Health, KZN (1287/2014)

H.N v MEC for Health, KZN (1287/2014) [2018] ZAKZPHC 8 (4 April 2018)

The High Court held the health department liable for a child's cerebral palsy, finding negligent monitoring and delayed Caesarean delivery caused hypoxic injury.

  • Medical Negligence
  • Vicarious Liability
  • Birth Injury
  • Standard Of Care
  • Quantum Separation
  • Medical-negligence
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Delict [2017] ZAKZDHC 12

T.S and Another v Life Healthcare Group (Pty) Ltd and Another (10227/2014)

T.S and Another v Life Healthcare Group (Pty) Ltd and Another (10227/2014) [2017] ZAKZDHC 12; 2017 (4) SA 580 (KZD) (20 March 2017)

The court held that a covering obstetrician owed a legal duty and was negligent in not seeing the labouring patient earlier, but causation was not proved.

  • Medical Negligence
  • Apportionment Of Damages Act
  • Wrongfulness
  • Causation
  • Doctor Patient Relationship
  • Birth Injury
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Delict [2017] ZAGPPHC 152

B and Another v MEC for Health and Social Development of Gauteng Provincial Government (16233/13)

B and Another v MEC for Health and Social Development of Gauteng Provincial Government (16233/13) [2017] ZAGPPHC 152 (17 March 2017)

The High Court held the provincial health department liable for negligent labour management and resuscitation that caused the child’s hypoxic brain injury.

  • Medical Negligence
  • Hospital Liability
  • Causation
  • Standard Of Care
  • Expert Evidence
  • Birth Injury
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Delict [2015] ZAGPPHC 1137

M obo M v Member of the executive Council of the Department of Health, North West Province (70876/10)

M obo M v Member of the executive Council of the Department of Health, North West Province (70876/10) [2015] ZAGPPHC 1137 (5 June 2015)

Quantum judgment in a birth-injury claim. The court found a diffuse brain injury from hypoxia at birth and awarded damages, medical costs, and costs.

  • Medical Negligence
  • Birth Injury
  • Loss Of Earnings
  • General Damages
  • Trust Creation For Minor
  • Contingency Fee Agreement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.