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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 717

D.L.Z obo D.T.K and Road Accident Fund (50120/2021)

D.L.Z obo D.T.K and Road Accident Fund (50120/2021) [2023] ZAGPJHC 717 (21 June 2023)

The High Court granted leave to appeal to the Full Bench in a Road Accident Fund claim about loss of earnings, finding reasonable prospects of success.

  • Leave To Appeal
  • Loss Of Earnings
  • Expert Evidence
  • Hospital Records
  • Quantum Of Damages
  • Leave-to-appeal
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Delict [2023] ZAGPPHC 21

MEC for Health and Social Development of Gauteng Provincial Government v Machete (A70/2021; 69859/2017)

MEC for Health and Social Development of Gauteng Provincial Government v Machete (A70/2021; 69859/2017) [2023] ZAGPPHC 21 (20 January 2023)

Appeal in a medical negligence claim dismissed the High Court’s liability finding, holding that inadequate monitoring was not proven to have caused the minor’s injury.

  • Medical Negligence
  • Vicarious Liability
  • Causation
  • Standard Of Care
  • Expert Evidence
  • Hospital Records
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Delict [2022] ZAECBHC 40

M.L v Member of the Executive Council for Health, Eastern Cape (501/2017)

M.L v Member of the Executive Council for Health, Eastern Cape (501/2017) [2022] ZAECBHC 40; [2023] 1 All SA 475 (ECB) (15 March 2022)

High Court held the MEC liable where prolonged, unmonitored labour and poor meconium management caused the child’s cerebral palsy, not a genetic disorder.

  • Medical Negligence
  • Cerebral Palsy
  • Hospital Records
  • Duty Of Care
  • Expert Evidence
  • Causation
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Delict [2018] ZAGPJHC 513

M obo M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Department (2011/41603)

M obo M v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Department (2011/41603) [2018] ZAGPJHC 513 (1 October 2018)

The High Court found the provincial health department liable for negligent labour management that caused a child’s cerebral palsy; quantum was postponed.

  • Medical Negligence
  • Cerebral Palsy
  • Hospital Records
  • Standard Of Care
  • Causation
  • Public Health Liability
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Delict [2018] ZAGPJHC 77

M OBO M v Member of the Executive Council for Health of the Gauteng Provincial Government (2014/32504)

M OBO M v Member of the Executive Council for Health of the Gauteng Provincial Government (2014/32504) [2018] ZAGPJHC 77 (20 April 2018)

The High Court found the health department liable for negligent labour and delivery care that caused a child’s hypoxic-ischemic brain injury and cerebral palsy.

  • Medical Negligence
  • Duty Of Care
  • Hospital Records
  • Cerebral Palsy
  • Burden Of Proof
  • Statutory Obligations
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Criminal Law [2015] ZAGPJHC 129

Maliwa v S (A352/2014)

Maliwa v S (A352/2014) [2015] ZAGPJHC 129 (29 May 2015)

The High Court upheld an appeal against conviction, finding the unrepresented accused was not properly assisted and the trial was unfair.

  • Right To Legal Representation
  • Fair Trial
  • Release Of Evidence
  • Unrepresented Accused
  • Hospital Records
  • Failure Of Justice
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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.