South Africa Case Law

E.N obo S.N v MEC for Health Gauteng Provincial Government (2014/24051)

E.N obo S.N v MEC for Health Gauteng Provincial Government (2014/24051) [2024] ZAGPJHC 1120 (31 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2014/24051

Judge

Brand

The court found that the plaintiff was a high-risk patient whose pregnancy required intensive monitoring according to maternity guidelines. The nursing staff failed to monitor her and her unborn child with the required frequency and did not detect foetal distress in time to prevent injury. Expert evidence established that SN's brain injury was most likely caused by intrapartum hypoxic insult, and there were no indicators of alternative causes. The defendant led no factual evidence and failed to rebut the plaintiff's prima facie case. The court held that the nursing staff's negligence directly…

Source excerpt

• Medical Negligence
• Causation
• Standard Of Care
• Maternal Guidelines
• Expert Evidence
• Cerebral Palsy

L.M obo P v Member of the Executive Council for Health and Social Development of the Limpopo Provincial Government (79912/2014)

L.M obo P v Member of the Executive Council for Health and Social Development of the Limpopo Provincial Government (79912/2014) [2024] ZAGPPHC 110 (7 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

79912/2014

Judge

Collis

High Court delict claim over alleged obstetric negligence succeeded, with the court finding substandard monitoring and management caused the child’s hypoxic brain injury.

• Medical Negligence
• Causation
• Standard Of Care
• Cerebral Palsy
• Expert Evidence
• Maternal Guidelines

Mtetwa and Another v MEC for Health Gauteng

Mtetwa and Another v MEC for Health Gauteng [2023] ZAGPPHC 253; 47586/2017 (10 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

47586/2017

Judge

Khwinana

The High Court found the Gauteng health department liable for a child's cerebral palsy after inadequate monitoring during labour and Misoprostol use.

• Medical Negligence
• Duty Of Care
• Causation
• Maternal Guidelines
• Hospital Liability
• Cerebral Palsy

J.M.M and Another v Member of the Executive Council (MEC) for Health Gauteng Provincial Government (9253/2017)

J.M.M and Another v Member of the Executive Council (MEC) for Health Gauteng Provincial Government (9253/2017) [2021] ZAGPPHC 654 (10 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

9253/2017

Judge

M. Mbongwe

High Court claim over cerebral palsy after labour was dismissed for failure to prove negligence or causation.

• Medical Negligence
• Causation
• Maternal Guidelines
• Cerebral Palsy
• Burden Of Proof
• Medical-negligence