South Africa Case Law

N.M v Member of the Executive Council for Health KwaZulu-Natal (8432/15)

N.M v Member of the Executive Council for Health KwaZulu-Natal (8432/15) [2018] ZAKZDHC 44 (28 September 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

8432/15

Judge

Mbatha

The court found that the plaintiff presented with multiple high-risk factors, including diabetes, morbid obesity, short stature, advanced age, and multiparity, which were not adequately managed by the defendant's staff. The hospital failed to conduct sufficient ultrasound scans, misestimated the foetal weight, and did not counsel the plaintiff regarding the risks of natural delivery or offer the option of an elective caesarean section. The delivery was traumatic, and the incorrect application of the McRoberts manoeuvre and lack of proper emergency management led to the child suffering Erb's p…

Source excerpt

• Medical Negligence
• Informed Consent
• Shoulder Dystocia
• Erb Palsy
• Expert Evidence
• Damages Liability

Mene v Member of the Executive Concil for Health in the Province of the Eastern Cape (1365/2013)

Mene v Member of the Executive Concil for Health in the Province of the Eastern Cape (1365/2013) [2016] ZAECMHC 38 (22 September 2016)

Court

Eastern Cape High Court, Mthatha

Case number

1365/2013

Judge

Brooks

The court found the state liable for negligent delivery at St Lucy’s Hospital, holding that the prolonged labour and vacuum extraction caused Erb’s palsy.

• Medical Negligence
• Hospital Liability
• Causal Negligence
• Damages Assessment
• Erb Palsy
• Expert Evidence