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South Africa decisions
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Cheminais v Crane (7078/2023) [2025] ZAWCHC 183; [2025] 3 All SA 432 (WCC) (24 April 2025)
The court found an orthopaedic surgeon liable for performing more extensive heel surgery than agreed, without proper justification or informed consent, causing injury and permanent disability.
S v Murphy and Others - Search and Seizure (CC27/2018) [2023] ZAWCHC 184; 2024 (1) SACR 138 (WCC) (12 July 2023)
The court held that the first and third searches were lawful under s 22(b) of the CPA, as the police had reasonable grounds to believe a warrant would be issued and delay would defeat the object of the search. The second search was unlawful because the consent obtained was not informed, amounting to a violation of the right to privacy, and the police officer showed ignorance and disregard for the law. The evidence from the second search was excluded as its admission would be detrimental to the administration of justice. The fourth search was unlawful because the officer who seized the drugs w…
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N.C and Another v P.M.E (A398/2018) [2021] ZAGPPHC 210 (9 March 2021)
Appeal in a wrongful birth medical-negligence claim dismissed; the court found no negligence in antenatal care, counselling, gestational dating, or referral decisions.
R B v Smith (211/2018) [2019] ZASCA 48; 2020 (4) SA 51 (SCA) (1 April 2019)
The Supreme Court of Appeal found that Dr Smith provided Mrs B with sufficient information regarding both laparoscopic and open hernia repair procedures, including the material risks and benefits of each. The evidence, including medical records and expert testimony, supported the conclusion that Mrs B was informed of her options and gave valid consent. The court held that the standard of care was met and that there was no negligence in the obtaining of informed consent or in the performance of the surgery. The factual findings of the trial court were confirmed, and the appeal was dismissed.
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Batohi v Roux (12476/2012 ) [2018] ZAKZDHC 56; [2019] 1 All SA 390 (KZD) (16 November 2018)
The High Court dismissed a medical negligence claim against a neurosurgeon, finding surgery was reasonably recommended, consent was obtained, and causation was not proved.
W v Deist (2013/15818) [2018] ZAGPJHC 582 (11 October 2018)
Medical negligence claim over iLasik surgery failed after the court found the plaintiff had valid informed consent and no proof of negligence.
Watkin-Jones v Diest (2013/1518) [2018] ZAGPPHC 825 (11 October 2018)
High Court medical negligence case about laser eye surgery and informed consent. The plaintiff’s claim was dismissed after the court found valid consent and no negligence.
N.M v Member of the Executive Council for Health KwaZulu-Natal (8432/15) [2018] ZAKZDHC 44 (28 September 2018)
The court found that the plaintiff presented with multiple high-risk factors, including diabetes, morbid obesity, short stature, advanced age, and multiparity, which were not adequately managed by the defendant's staff. The hospital failed to conduct sufficient ultrasound scans, misestimated the foetal weight, and did not counsel the plaintiff regarding the risks of natural delivery or offer the option of an elective caesarean section. The delivery was traumatic, and the incorrect application of the McRoberts manoeuvre and lack of proper emergency management led to the child suffering Erb's p…
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AZ v Member of the Executive Council for Health, Eastern Cape (140/2016) [2018] ZAECBHC 8 (14 August 2018)
Medical negligence claim dismissed after the court found the plaintiff’s paraplegia was caused by pre-existing spinal TB kyphosis, not surgery.
Clarke v MEC for Health Western Cape and Another (13724/14) [2018] ZAWCHC 64 (8 March 2018)
Medical-negligence claim dismissed after the court found no proof that surgeons negligently used diathermy during a difficult cholecystectomy.
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