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South Africa Case Law

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Delict [2025] ZAFSHC 225

NK obo NR v MEC for Health, Free State (4852/2016)

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.

  • Medical Negligence
  • Cerebral Palsy
  • Standard Of Care
  • Causation
  • Expert Evidence
  • Maternity Guidelines
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Delict [2025] ZAKZDHC 38

S.S.M obo B.S.M v Member of Executive Council for Health, Kwazulu-Natal (7904/15)

S.S.M obo B.S.M v Member of Executive Council for Health, Kwazulu-Natal (7904/15) [2025] ZAKZDHC 38 (18 June 2025)

High Court damages judgment for a child with cerebral palsy arising from birth negligence, addressing life expectancy, caregiving, loss of earnings, and general damages.

  • Medical Negligence
  • Cerebral Palsy
  • Quantification Of Damages
  • Contingency Deduction
  • Trust For Minor
  • Public Health Defence
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Delict [2025] ZAMPMBHC 48

Z.N obo N v MEC for Health, Mpumalanga Province (1295/2019)

Z.N obo N v MEC for Health, Mpumalanga Province (1295/2019) [2025] ZAMPMBHC 48 (6 June 2025)

High Court award of R540,000 in general damages after agreed 90% liability, for a child who suffered severe cerebral palsy due to negligent hospital care.

  • Vicarious Liability
  • Medical Negligence
  • General Damages
  • Cerebral Palsy
  • Quantum Of Damages
  • Medical-negligence
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Delict [2025] ZAGPJHC 500

YM obo LM v Member of Executive Council, Health, Gauteng Province (58672/2021)

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.

  • Medical Negligence
  • Causation
  • Birth Asphyxia
  • Hypoxic Ischemic Brain Injury
  • Standard Of Care
  • Cerebral Palsy
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Delict [2025] ZASCA 36

SN obo ON v MEC for Health: Eastern Cape (277/2023)

SN obo ON v MEC for Health: Eastern Cape (277/2023) [2025] ZASCA 36 (2 April 2025)

The Supreme Court of Appeal upheld a medical negligence claim after finding substandard foetal monitoring during labour caused preventable brain injury.

  • Medical Negligence
  • Cerebral Palsy
  • Foetal Distress Monitoring
  • Lex Aquilia
  • Hospital Liability
  • Medical-negligence
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Delict [2025] ZAKZPHC 32

Member of the Executive Council for Health - KwaZulu-Natal v Z.N (supplementary judgment) (AR23/2024)

Member of the Executive Council for Health - KwaZulu-Natal v Z.N (supplementary judgment) (AR23/2024) [2025] ZAKZPHC 32 (28 March 2025)

The High Court issued a supplementary order recalculating damages for a child injured by medical negligence, replacing paragraph 1 of the trial order.

  • Medical Negligence
  • Quantum Of Damages
  • Cerebral Palsy
  • Future Medical Expenses
  • Contingency Deduction
  • Medical-negligence
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Delict [2025] ZAFSHC 25

N.C.M obo R.M v Member of the Executive Council for Health of the Free State Province Government (2786/2020)

N.C.M obo R.M v Member of the Executive Council for Health of the Free State Province Government (2786/2020) [2025] ZAFSHC 25 (30 January 2025)

The High Court held the Free State health department 100% liable for a child’s hypoxic brain injury and cerebral palsy after substandard labour monitoring.

  • Medical Negligence
  • Causation
  • Cerebral Palsy
  • Hospital Standard Of Care
  • Expert Evidence
  • Apportionment Of Liability
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Delict [2025] ZAFSHC 8

N.G.M obo R.V.M v Member of the Executive Council for the Department of Health: Free State Province (2399/2017)

N.G.M obo R.V.M v Member of the Executive Council for the Department of Health: Free State Province (2399/2017) [2025] ZAFSHC 8 (14 January 2025)

High Court matter on a minor’s medical negligence damages claim. The court applied a 20% contingency deduction to loss of earnings and ordered a trust for the award.

  • Medical Negligence
  • Loss Of Earning Capacity
  • Contingency Deduction
  • Cerebral Palsy
  • Quantification Of Damages
  • Medical-negligence
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Delict [2024] ZAGPJHC 1253

M obo M v Member of Executive Council for Health, Gauteng Province (15141/21)

M obo M v Member of Executive Council for Health, Gauteng Province (15141/21) [2024] ZAGPJHC 1253 (29 November 2024)

High Court medical negligence claim arising from a birth injury and cerebral palsy. The court found negligence, awarded R11 million, and ordered a trust for the child.

  • Medical Negligence
  • Cerebral Palsy
  • Quantum Of Damages
  • Expert Evidence
  • State Liability
  • Apportionment Of Liability
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Delict [2024] ZAGPJHC 1120

E.N obo S.N v MEC for Health Gauteng Provincial Government (2014/24051)

E.N obo S.N v MEC for Health Gauteng Provincial Government (2014/24051) [2024] ZAGPJHC 1120 (31 October 2024)

The court found that the plaintiff was a high-risk patient whose pregnancy required intensive monitoring according to maternity guidelines. The nursing staff failed to monitor her and her unborn child with the required frequency and did not detect foetal distress in time to prevent injury. Expert evidence established that SN's brain injury was most likely caused by intrapartum hypoxic insult, and there were no indicators of alternative causes. The defendant led no factual evidence and failed to rebut the plaintiff's prima facie case. The court held that the nursing staff's negligence directly…

  • Medical Negligence
  • Causation
  • Standard Of Care
  • Maternal Guidelines
  • Expert Evidence
  • Cerebral Palsy
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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.