South Africa Case Law

N.C.M obo R.M v Member of the Executive Council for Health of the Free State Province Government (2786/2020)

N.C.M obo R.M v Member of the Executive Council for Health of the Free State Province Government (2786/2020) [2025] ZAFSHC 25 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2786/2020

Judge

Mhlambi

The High Court held the Free State health department 100% liable for a child’s hypoxic brain injury and cerebral palsy after substandard labour monitoring.

• Medical Negligence
• Causation
• Cerebral Palsy
• Hospital Standard Of Care
• Expert Evidence
• Apportionment Of Liability

M.M and Another v Member of Executive Council For Health of Gauteng Provincial Government (29050/2021)

M.M and Another v Member of Executive Council For Health of Gauteng Provincial Government (29050/2021) [2024] ZAGPPHC 618; [2024] 4 All SA 184 (GP) (10 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

29050/2021

Judge

JA Kok

The court found that the defendant's employees at Chris Hani Baragwanath Hospital breached their duty of care by failing to properly monitor and assess the mother and unborn child, failing to administer appropriate medical treatment, and delaying the caesarean section despite an available theatre. Expert evidence established that the child suffered a hypoxic ischemic brain injury due to these failures, which were avoidable had protocols been followed. The defendant's defence regarding theatre availability was contradicted by formal admissions and hospital records. The court held that all elem…

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• Medical Negligence
• Vicarious Liability
• Causation
• Hospital Standard Of Care
• Expert Evidence
• Wrongful Omission

P.B obo I.S v Member of the Executive Council Responsible for Health in Eastern Cape (242/2020)

P.B obo I.S v Member of the Executive Council Responsible for Health in Eastern Cape (242/2020) [2023] ZAECBHC 30 (3 October 2023)

Court

Eastern Cape High Court, Bhisho

Case number

242/2020

Judge

Bloem

High Court delict claim over alleged obstetric negligence held the MEC liable for brain damage sustained during labour, with damages left for later quantification.

• Medical Negligence
• Birth Asphyxia
• Cerebral Palsy
• Hospital Standard Of Care
• Causation
• Quantification Of Damages

T.N.T (Nee M) v Member of Executive Council for Health, Gauteng Provincial Government (80976/2018)

T.N.T (Nee M) v Member of Executive Council for Health, Gauteng Provincial Government (80976/2018) [2023] ZAGPJHC 288 (16 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

80976/2018

Judge

Sardiwalla

The High Court held the provincial health department liable for obstetric negligence after a negligent episiotomy and failure to assess retained products of conception.

• Medical Negligence
• Hospital Standard Of Care
• Causation
• Expert Evidence
• Episiotomy Injury
• Retained Products Of Conception

MEC for Health, Limpopo v L W M obo D M (502/2021)

MEC for Health, Limpopo v L W M obo D M (502/2021) [2022] ZASCA 146 (27 October 2022)

Court

Supreme Court of Appeal

Case number

502/2021

Judges

Van der Merwe, Molemela, Gorven, Daffue, Salie-Hlophe

The Supreme Court of Appeal found that the hospital staff failed to adequately monitor the mother and foetus during the most critical stage of labour, in breach of the applicable maternity guidelines. The evidence established that no monitoring occurred for at least 95 minutes prior to delivery, despite clear indications of slow labour progression and meconium-stained liquor, which required urgent intervention. Expert evidence, particularly that of Prof Smith, demonstrated that intermittent, subacute hypoxic events can cause basal ganglia-thalamic brain injuries even in the absence of a senti…

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• Medical Negligence
• Vicarious Liability
• Causation
• Expert Evidence
• Cerebral Palsy
• Hospital Standard Of Care

B.M and Another v MEC for Health for the Province of KwaZulu-Natal (9605/2016)

B.M and Another v MEC for Health for the Province of KwaZulu-Natal (9605/2016) [2022] ZAKZDHC 43 (16 September 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

9605/2016

Judge

ME Nkosi

Medical negligence claim upheld after a patient died from pulmonary thrombo-embolus following delayed fracture surgery and lack of prophylaxis.

• Medical Negligence
• Loss Of Support
• Hospital Standard Of Care
• Causation
• Expert Evidence
• Medical-negligence

Z obo N v MEC for Health Gauteng Province (34058/2015)

Z obo N v MEC for Health Gauteng Province (34058/2015) [2022] ZAGPJHC 456 (9 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

34058/2015

Judge

Bezuidenhout

Medical negligence claim over alleged birth injury dismissed after the court found no proved negligence, no prolonged labour, and uncertain causation.

• Medical Negligence
• Cerebral Palsy
• Hospital Standard Of Care
• Expert Evidence
• Causation
• Costs Order

A.N.M obo O.M v MEC for Health, Gauteng Provincial Government (21353/2018)

A.N.M obo O.M v MEC for Health, Gauteng Provincial Government (21353/2018) [2022] ZAGPPHC 219 (23 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

21353/2018

Judge

HR Fourie

The court found that the defendant's employees failed to monitor the plaintiff and her foetus in accordance with prescribed guidelines, and delayed performing a caesarean section after diagnosing cephalopelvic disproportion and foetal distress. Expert evidence established that this delay and lack of monitoring were causative of a prolonged partial hypoxic ischaemic insult, resulting in the child's cerebral palsy. The defendant admitted negligence but disputed causation; however, the court held that the plaintiff proved on a balance of probabilities that the harm would have been avoided with p…

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• Medical Negligence
• Vicarious Liability
• Causation
• Cerebral Palsy
• Hospital Standard Of Care
• Expert Evidence

AN v MEC for Health, Eastern Cape (585/2018)

AN v MEC for Health, Eastern Cape (585/2018) [2019] ZASCA 102; [2019] 4 All SA 1 (SCA) (15 August 2019)

Court

Supreme Court of Appeal

Case number

585/2018

Judges

Cachalia, Tshiqi, Molemela, Gorven, Weiner

The majority held that although the hospital staff negligently failed to monitor the mother and foetus during labour, factual causation between this negligence and the child's brain damage was not established. The evidence showed that the injury resulted from a sudden, total, and persistent interruption of blood supply to the brain (a sentinel event), which occurred without warning and could not have been detected or prevented by proper monitoring. Authoritative literature and expert consensus indicated that such events often provide no forewarning, and expedited delivery would not have avert…

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• Medical Negligence
• Factual Causation
• Hospital Standard Of Care
• Expert Evidence
• Cerebral Palsy
• Burden Of Proof

Goliath obo O v MEC Department of Health North West Provincial Government (29/2015)

Goliath obo O v MEC Department of Health North West Provincial Government (29/2015) [2019] ZANWHC 31 (28 February 2019)

Court

North West High Court, Mafikeng

Case number

29/2015

Judge

T Djaje

High Court held the hospital staff negligently failed to monitor labour properly, causing hypoxic injury and cerebral palsy in the plaintiff’s child.

• Medical Negligence
• Cerebral Palsy
• Hospital Standard Of Care
• Expert Evidence
• Contributory Negligence
• Medical-negligence