South Africa Case Law

C.B.M v Member of the Executive Council for Health of the Gauteng Provincial Government (21623/18)

C.B.M v Member of the Executive Council for Health of the Gauteng Provincial Government (21623/18) [2024] ZAGPPHC 562 (12 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

21623/18

Judge

Francis-Subbiah

High Court medical negligence claim over delayed caesarean care, missing hospital records, hysterectomy, and failure to provide counselling.

• Medical Negligence
• Hospital Recordkeeping
• Postpartum Depression
• Standard Of Care
• Res Ipsa Loquitur
• Damages For Loss Of Amenities

T.Y obo M.Y v MEC for Health, Gauteng Province (CA18/2022)

T.Y obo M.Y v MEC for Health, Gauteng Province (CA18/2022) [2024] ZAECMKHC 56 (1 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA18/2022

Judges

Hartle, Gqamana, Bands

The High Court upheld an appeal in a medical negligence case, finding negligent intrapartum monitoring caused the child's cerebral palsy and ordering damages and costs.

• Medical Negligence
• Causal Negligence
• Cerebral Palsy
• Expert Evidence
• Hospital Recordkeeping
• Damages

S.L.N v Member of The Executive Council For Health of The Gauteng Provincial Government (35801/19)

S.L.N v Member of The Executive Council For Health of The Gauteng Provincial Government (35801/19) [2022] ZAGPPHC 573 (22 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

35801/19

Judge

Francis-Subbiah

The court found that the plaintiff established, on a balance of probabilities, that the defendant's employees were negligent in their care and management of the plaintiff and her child during labour and delivery. The evidence showed that signs of foetal distress were present and warranted urgent intervention, including a caesarean section, which was planned but not performed without explanation. The administration of Syntocinon in the presence of non-reassuring CTG tracings further exacerbated the risk of hypoxic injury. The destruction of key hospital records and failure to call treating doc…

Source excerpt

• Medical Negligence
• Hospital Recordkeeping
• Causation In Delict
• Expert Evidence
• Cerebral Palsy
• Costs Award

P.S obo A.H v MEC for Health for the Province of KwaZulu-Natal (14197/2014)

P.S obo A.H v MEC for Health for the Province of KwaZulu-Natal (14197/2014) [2017] ZAKZPHC 37 (24 August 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

14197/2014

Judge

Olsen

High Court medical negligence claim over neonatal brain injury caused during labour and birth. The court found negligent monitoring and delay, and held the hospital liable.

• Medical Negligence
• Vicarious Liability
• Causation
• Cerebral Palsy
• Expert Evidence
• Hospital Recordkeeping

N.N v Member of the Executive Council for Health, Eastern Cape (2571/13)

N.N v Member of the Executive Council for Health, Eastern Cape (2571/13) [2015] ZAECMHC 77 (9 July 2015)

Court

Eastern Cape High Court, Mthatha

Case number

2571/13

Judge

Pakade

The court found that the medical and nursing staff at Mthatha General Hospital failed to adhere to statutory and professional guidelines requiring proper monitoring, assessment, and recordkeeping during the plaintiff’s labour. The absence of hospital records and failure to provide an explanation for the foetal distress and subsequent cerebral damage constituted negligence. The defendant’s employees breached their duty of care, and the defendant is liable for the damages suffered by the plaintiff and her child. The court rejected the prescription defence, as the plaintiff only became aware of…

Source excerpt

• Medical Negligence
• Hospital Recordkeeping
• Cerebral Palsy
• Duty Of Care
• Prescription Act
• Maternal Health Guidelines