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South Africa decisions
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NK obo NR v MEC for Health, Free State (4852/2016) [2025] ZAFSHC 225 (31 July 2025)
High Court medical negligence claim over a birth injury held the defendant liable for 100% of proven damages; quantum was postponed.
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.
B.G.M obo Baby A v Member of the Executive Council for the Department of Health North West Province (431/2021) [2025] ZANWHC 124 (18 July 2025)
The High Court found the health department 100% liable for brain damage caused by delayed diagnosis and treatment of a newborn’s jaundice.
Waleng v Passenger Rail Agency of South Africa (25598/2017) [2025] ZAGPPHC 716 (15 July 2025)
Court awarded damages for a proven leg injury only, rejecting claimed head and shoulder injuries for lack of reliable causal proof.
N.O.B and Another v Member of the Executive Council for Health of the Limpopo Provincial Council (10146/2022) [2025] ZALMPPHC 115 (17 June 2025)
The Court found that the Defendant's nursing and medical staff failed to correctly and timeously diagnose the breech presentation of the minor child, both at the clinic and hospital, resulting in the absence of preventative care and failure to follow prescribed procedures. Expert evidence established that the standard of care was not met, and the omissions directly led to the minor child's asphyxiation and brain injury. The Defendant's sole witness did not adequately justify the decision to proceed with vaginal delivery, and critical witnesses were not called. The Court held that the Defendan…
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Van Heerden NO and Others v Pretorious NO and Another (1220/2023) [2025] ZAFSHC 169 (10 June 2025)
The High Court found the defendants breached a sheep rental agreement by failing to return 209 merino ewes, but dismissed claims for wool and progeny losses as too remote.
D.W.T obo L.T v Road Accident Fund (6520/22) [2025] ZAGPPHC 662 (9 June 2025)
The court found that the minor child sustained only minor bruises to the face, with no objective evidence of head injury or neurocognitive deficits. The expert opinions presented by the applicant were speculative, illogical, and unsupported by the hospital records and academic performance. The minor child progressed satisfactorily through school, and there was no evidence of permanent cognitive or scholastic deficits. The plaintiff failed to discharge the onus of proof that the injuries affected the minor child's earning capacity or would result in patrimonial loss. The court rejected the exp…
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Uys and Another v Road Accident Fund (333/2018) [2025] ZAGPPHC 704 (6 June 2025)
The High Court held the Road Accident Fund liable for 100% of damages after finding the deceased’s suicide was causally linked to accident-related injuries and depression.
Adv Kok obo Smuts v Road Accident Fund (611/2023) [2025] ZAMPMBHC 47 (4 June 2025)
The court rejected a claimed head-injury link, awarded proven orthopaedic damages and past medical expenses, and dismissed the loss-of-earnings claim.
M.L.M obo K.M.N v Road Accident Fund (61432/2019) [2025] ZAGPPHC 592 (2 June 2025)
The court granted future medical expenses under the Road Accident Fund Act but dismissed the claim for loss of earning capacity, finding causation unproved.
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