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South Africa Case Law

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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 [2014] ZAECMHC 28

N.P v MEC for Health, Eastern Cape (1196/2012)

N.P v MEC for Health, Eastern Cape (1196/2012) [2014] ZAECMHC 28 (24 July 2014)

The court found that the medical staff failed to identify and respond to multiple risk factors for shoulder dystocia, ignored the plaintiff's request for a caesarean section, and did not implement internationally recognized protocols for managing shoulder dystocia. The staff's failure to conduct proper examinations, prepare a management plan, and employ the correct delivery techniques constituted negligence. Expert evidence established that the brachial plexus injury was causally linked to the mismanagement during labour and delivery, rather than being the result of natural maternal forces. T…

  • Medical Negligence
  • Causation
  • Shoulder Dystocia
  • Brachial Plexus Injury
  • Standard Of Care
  • Expert Evidence
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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.