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South Africa Case Law

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Delict [2024] ZAWCHC 349

N.Z v Member of the Executive Council for Health Western Cape (8734/2017)

N.Z v Member of the Executive Council for Health Western Cape (8734/2017) [2024] ZAWCHC 349; [2025] 1 All SA 838 (WCC) (1 November 2024)

High Court held the provincial health department liable for negligent management of a shoulder dystocia birth that caused brachial plexus injury and HIE.

  • Medical Negligence
  • Birth Injury
  • Shoulder Dystocia
  • Standard Of Care
  • Hospital Record Keeping
  • Causation
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Delict [2020] ZAGPPHC 770

D.T N.O v Member of the Executive Council for Health, Mpumalanga (91622/2016)

D.T N.O v Member of the Executive Council for Health, Mpumalanga (91622/2016) [2020] ZAGPPHC 770 (18 September 2020)

High Court delict claim over alleged negligent labour monitoring that led to a child’s hypoxic brain injury and cerebral palsy; defendant held liable.

  • Medical Negligence
  • Hospital Record Keeping
  • Cerebral Palsy
  • Causation
  • Statutory Duty Of Care
  • Birth Asphyxia
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Delict [2018] ZAECMHC 67

Mbola obo M v Member Of The Executive Council For Health, Eastern Cape (4521/18)

Mbola obo M v Member Of The Executive Council For Health, Eastern Cape (4521/18) [2018] ZAECMHC 67 (6 December 2018)

The High Court found the Eastern Cape health department liable after holding that a newborn with jaundice was attended at St Lucy’s Hospital and received substandard care.

  • Medical Negligence
  • Vicarious Liability
  • Hospital Record Keeping
  • Cerebral Palsy
  • Burden Of Proof
  • Expert Evidence
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Civil Procedure [2018] ZAGPJHC 449

Dube v Member of Executive Council (6279/2017)

Dube v Member of Executive Council (6279/2017) [2018] ZAGPJHC 449 (26 April 2018)

The High Court dismissed an interlocutory application to compel discovery of hospital records that the respondent said could not be found.

  • Discovery Of Documents
  • Medical Negligence
  • Uniform Rule 35
  • Hospital Record Keeping
  • Discovery-of-documents
  • Uniform-rule-35
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Delict [2015] ZAGPJHC 15

Khoza v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (2012/20087)

Khoza v Member of the Executive Council for Health And Social Development of the Gauteng Provincial Government (2012/20087) [2015] ZAGPJHC 15; 2015 (3) SA 266 (GJ); [2015] 2 All SA 598 (GJ) (6 February 2015)

The High Court found hospital staff negligent in failing to properly monitor labour after syntocinon was given, causing the child’s brain damage.

  • Medical Negligence
  • Hospital Record Keeping
  • Hypoxic Ischemic Encephalopathy
  • Burden Of Proof
  • Admissibility Of Hearsay
  • Expert Evidence
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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.