South Africa Case Law

N.O.B and Another v Member of the Executive Council for Health of the Limpopo Provincial Council (10146/2022)

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)

Court

Limpopo High Court, Polokwane

Case number

10146/2022

Judge

Bresler AJ

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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• Medical Negligence
• Wrongful Omission
• Standard Of Care
• Causation
• Hospital Liability
• Parental Representative Claims

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)

Court

Supreme Court of Appeal

Case number

277/2023

Judges

Mokgohloa, Weiner, Kathree-Setiloane, Koen, Molitsoane

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

A.L.S v MEC for Health, Western Cape (116612021)

A.L.S v MEC for Health, Western Cape (116612021) [2025] ZAWCHC 30 (6 February 2025)

Court

Western Cape High Court, Cape Town

Case number

116612021

Judge

Van den Berg AJ

High Court medical negligence matter arising from a gunshot wound and delayed diagnosis of a renal pelvis injury, leading to nephrectomy.

• Medical Negligence
• Causation
• Hospital Liability
• Expert Evidence
• Nephrectomy
• Standard Of Care

N.K v Member of the Executive Council Limpopo Provincial Government: Department of Health (5710/2019)

N.K v Member of the Executive Council Limpopo Provincial Government: Department of Health (5710/2019) [2025] ZALMPPHC 11 (27 January 2025)

Court

Limpopo High Court, Polokwane

Case number

5710/2019

Judge

Naude-Odendaal

The High Court found the provincial health department 100% liable for negligent monitoring and delayed intervention that led to a stillborn delivery after uterine rupture.

• Medical Negligence
• Duty Of Care
• Causation
• Wrongful Death
• Hospital Liability
• Medical-negligence

K.C.M obo R.M v Member of the Executive Committee North West Department of Health (CIV APP FB 04/23)

K.C.M obo R.M v Member of the Executive Committee North West Department of Health (CIV APP FB 04/23) [2024] ZANWHC 269 (29 October 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 04/23

Judges

Hendricks, Reddy, Bodibe-Dibetso

Appeal in a medical-negligence claim over alleged birth injury and missing hospital records was dismissed; the court found the plaintiff failed to prove negligence.

• Medical Negligence
• Burden Of Proof
• Missing Medical Records
• Cerebral Palsy
• Expert Evidence
• Hospital Liability

Mntimba v Member of the Executive Committee for Health Gauteng Province (31590/2020)

Mntimba v Member of the Executive Committee for Health Gauteng Province (31590/2020) [2024] ZAGPPHC 1022 (16 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

31590/2020

Judge

Makhoba

The court found that the defendant's nursing staff provided necessary care to the plaintiff by monitoring her condition at reasonable intervals and summoning a doctor within a reasonable time after the plaintiff reported loss of sensation. The sudden deterioration in the plaintiff's right leg was not reasonably foreseeable, and the nursing staff took reasonable steps to prevent further harm. The expert evidence established that the neurovascular complication was rare and not foreseeable. Therefore, negligence, wrongfulness, and causation were not proven against the defendant, and the plaintif…

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• Medical Negligence
• Causation
• Wrongfulness
• Duty Of Care
• Hospital Liability

T.B obo S.N v Member of the Executive Council for Health of the Mpumalanga Provincial Government (75413/2014)

T.B obo S.N v Member of the Executive Council for Health of the Mpumalanga Provincial Government (75413/2014) [2024] ZAGPPHC 928 (27 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

75413/2014

Judge

Millar

High Court medical negligence claim over delayed caesarean delivery and severe birth injury. The court found the hospital liable for the child’s cerebral palsy.

• Medical Negligence
• Causation
• Standard Of Care
• Cerebral Palsy
• Hospital Liability
• Separation Of Issues

A.M v MEC for Health (401/2021)

A.M v MEC for Health (401/2021) [2024] ZAECBHC 19 (6 August 2024)

Court

Eastern Cape High Court, Bhisho

Case number

401/2021

Judge

R E Griffiths

The High Court held the Eastern Cape health department liable for a child’s cerebral palsy, finding negligent intrapartum care, delayed intervention, and causation proved.

• Medical Negligence
• Causation
• Expert Evidence
• Hospital Liability
• Medical-negligence
• Cerebral-palsy

Koboyatau v Member of the Executive Council for Health and Social Development of the North West Province (2018/2016)

Koboyatau v Member of the Executive Council for Health and Social Development of the North West Province (2018/2016) [2024] ZANWHC 197 (22 July 2024)

Court

North West High Court, Mafikeng

Case number

2018/2016

Judge

Petersen

The High Court dismissed a medical negligence claim over delayed treatment of a stab-wound haemothorax, finding no proved negligence or causation.

• Medical Negligence
• Standard Of Care
• Causation
• But For Test
• Hospital Liability
• Expert Evidence

A.D obo L.D v Member of the Executive Council for Health Eastern Cape (505/2021)

A.D obo L.D v Member of the Executive Council for Health Eastern Cape (505/2021) [2024] ZAECBHC 3 (19 March 2024)

Court

Eastern Cape High Court, Bhisho

Case number

505/2021

Judge

Gqamana

The court found that the medical staff at Bisho hospital failed to provide the plaintiff and L with proper medical care and did not deliver L by caesarean section within one hour of the decision to operate, as required by the maternity care guidelines. The risk factors for obstructed labour were known from admission, yet no arrangements were made to ensure the hospital could perform a caesarean section at any time. The plaintiff was not transferred timeously to a facility with the necessary resources, and the delay directly resulted in L being born in a compromised state and suffering cerebra…

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• Medical Negligence
• Causation
• Maternal Care Guidelines
• Cerebral Palsy
• Expert Evidence
• Hospital Liability