Z.L obo A.L v MEC for Health (378/2019) [2022] ZAECBHC 43 (6 December 2022)
Court
Eastern Cape High Court, Bhisho
Case number
378/2019
Judge
Smith
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.
N.P v MEC for Health, Eastern Cape (1196/2012) [2014] ZAECMHC 28 (24 July 2014)
Court
Eastern Cape High Court, Mthatha
Case number
1196/2012
Judge
Griffiths
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…