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South Africa Case Law

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Delict [2024] ZAECBHC 32

N.M v Member of the Executive Council for the Department of Health - Eastern Cape (227/2017)

N.M v Member of the Executive Council for the Department of Health - Eastern Cape (227/2017) [2024] ZAECBHC 32 (27 August 2024)

The High Court held the Eastern Cape health department liable after finding negligent labour monitoring caused a child’s hypoxic-ischemic brain injury.

  • Medical Negligence
  • Causal Negligence
  • Birth Asphyxia
  • Hypoxic Ischemic Encephalopathy
  • Standard Of Care
  • Foreseeability
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Delict [2024] ZAECBHC 28

Z.N v Member of the Executive Council for Health Eastern Cape Province (226/2017)

Z.N v Member of the Executive Council for Health Eastern Cape Province (226/2017) [2024] ZAECBHC 28 (19 July 2024)

The High Court found the provincial health department liable for negligent maternity care that probably caused LN’s hypoxic ischaemic encephalopathy.

  • Medical Negligence
  • Hypoxic Ischemic Encephalopathy
  • Standard Of Care
  • Fetal Monitoring
  • Causation
  • Expert Evidence
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Delict [2023] ZANWHC 185

L.S.M obo O.M v Member of the Executive Council for Health North West Province (1362/2019)

L.S.M obo O.M v Member of the Executive Council for Health North West Province (1362/2019) [2023] ZANWHC 185 (2 October 2023)

The High Court held the North West health MEC liable for negligent labour management that caused OM’s brain injury, granting liability at 100%.

  • Medical Negligence
  • Vicarious Liability
  • Causation
  • Hypoxic Ischemic Encephalopathy
  • Cerebral Palsy
  • Standard Of Care
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Delict [2022] ZAECBHC 16

N.J. obo I.J. v Member of the Executive Council for Health: Eastern Cape Province (239/19)

N.J. obo I.J. v Member of the Executive Council for Health: Eastern Cape Province (239/19) [2022] ZAECBHC 16 (24 May 2022)

Medical-negligence claim over a child’s brain injury dismissed after the court found the plaintiff’s evidence inconsistent and unproven.

  • Medical Negligence
  • Duty Of Care
  • Burden Of Proof
  • Expert Evidence
  • Hypoxic Ischemic Encephalopathy
  • Causation
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Delict [2018] ZAECMHC 52

Nontangane v Member of the Executive Council for Health, EC (1742/2015)

Nontangane v Member of the Executive Council for Health, EC (1742/2015) [2018] ZAECMHC 52 (29 March 2018)

The court found negligent labour monitoring, but held that the plaintiff failed to prove it caused the child’s HIE and brain injury on a balance of probabilities.

  • Medical Negligence
  • Causation
  • Hypoxic Ischemic Encephalopathy
  • Standard Of Care
  • Expert Evidence
  • Medical-negligence
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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.