South Africa Case Law

Van Der Merwe obo MH v Member of the Executive Council for Health and Social Development, Gauteng Provincial Government (17553/2017)

Van Der Merwe obo MH v Member of the Executive Council for Health and Social Development, Gauteng Provincial Government (17553/2017) [2024] ZAGPJHC 437 (4 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

17553/2017

Judge

Horn AJ

The High Court held that repudia­tion of expert joint-minute agreements requires good cause, allowing only limited corrections and dismissing the rest.

• Medical Negligence
• Expert Evidence
• Repudiation Of Joint Minutes
• Cerebral Palsy Claim
• Costs Award
• Medical-negligence

S.R obo Z.R v Member of the Executive Council for Health, Gauteng (41584/18)

S.R obo Z.R v Member of the Executive Council for Health, Gauteng (41584/18) [2024] ZAGPJHC 51 (26 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

41584/18

Judge

Botsi-Thulare

The High Court found the health department liable for negligent labour management that caused hypoxic ischaemic injury to a newborn and dismissed a prescription defence.

• Medical Negligence
• Prescription Act
• Causal Connection
• Personal Injury
• Hospital Liability
• Cerebral Palsy Claim

A.S obo S v Member Of The Executive Council For The Department Of Health, Eastern Cape (CA 29/2022)

A.S obo S v Member Of The Executive Council For The Department Of Health, Eastern Cape (CA 29/2022) [2023] ZAECMHC 27 (11 May 2023)

Court

Eastern Cape High Court, Mthatha

Case number

CA 29/2022

Judges

Rugunanan, J. E. Smith, D. O. Potgieter

The High Court upheld an appeal in a medical-negligence claim, finding substandard fetal monitoring and delayed intervention probably caused the child’s brain injury.

• Medical Negligence
• Causation
• Expert Evidence
• Hospital Liability
• Procedural Non Compliance
• Cerebral Palsy Claim

Nkamela on behalf of Okuhle Nkamela v Member of the Executive Council for Health: Eastern Cape Province (308/2018)

Nkamela on behalf of Okuhle Nkamela v Member of the Executive Council for Health: Eastern Cape Province (308/2018) [2022] ZAECBHC 15 (31 May 2022)

Court

Eastern Cape High Court, Bhisho

Case number

308/2018

Judge

Laing

The court found that the defendant failed to provide evidence to refute the plaintiff's allegations regarding inadequate monitoring and the absence of medical records. The maternity guidelines set the standard for care, and deviation from them constituted negligence. The plaintiff's personal claim was supported by evidence of trauma and continued care for the child, and prescription was neither pleaded nor proved. Expert evidence, including joint reports and undisputed findings, established the cause of cerebral palsy as a peripartum hypoxic ischaemic injury. The defendant's challenges to the…

Source excerpt

• Medical Negligence
• Maternity Guidelines
• Leave To Appeal
• Prescription
• Costs Order
• Cerebral Palsy Claim

N.Z obo S.Z v Member of the Executive Council Department of Health and Social Development of the Mpumalanga Provincial Government (1572/2017)

N.Z obo S.Z v Member of the Executive Council Department of Health and Social Development of the Mpumalanga Provincial Government (1572/2017) [2020] ZAMPMBHC 19 (12 October 2020)

Court

Mbombela High Court, Mpumalanga

Case number

1572/2017

Judge

Kgoele

High Court refused to deem a section 3 notice timeous and refused condonation in a medical negligence claim, finding the delay unexplained and the prospects weak.

• Institution Of Legal Proceedings Against Organs Of State Act
• Medical Negligence
• Prescription
• Condonation
• Cerebral Palsy Claim
• Good Cause Requirement