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South Africa Case Law

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Delict [2021] ZAGPJHC 627

M on behalf of M v The Member of the Executive Council for Health, Gauteng (17/45375)

M on behalf of M v The Member of the Executive Council for Health, Gauteng (17/45375) [2021] ZAGPJHC 627 (8 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
17/45375
Judge
S Yacoob

The court found that the hospital staff failed to monitor the plaintiff adequately, did not assess her for cephalopelvic disproportion as required, and delayed both the diagnosis and performance of a caesarean section. The evidence established that the child’s injury resulted from prolonged foetal distress during the period of delay, and that timely intervention would likely have prevented or limited the harm. The defendant’s speculative defences regarding ante-natal causes were unsupported. The court concluded that both negligence and causation were proved on a balance of probabilities, and…

Source excerpt

  • Medical Negligence
  • Causation
  • Maternal Health Guidelines
  • Birth Asphyxia
  • Cerebral Palsy
  • Quantum Separation
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Delict [2015] ZAECMHC 77

N.N v Member of the Executive Council for Health, Eastern Cape (2571/13)

N.N v Member of the Executive Council for Health, Eastern Cape (2571/13) [2015] ZAECMHC 77 (9 July 2015)

Court
Eastern Cape High Court, Mthatha
Case number
2571/13
Judge
Pakade

The court found that the medical and nursing staff at Mthatha General Hospital failed to adhere to statutory and professional guidelines requiring proper monitoring, assessment, and recordkeeping during the plaintiff’s labour. The absence of hospital records and failure to provide an explanation for the foetal distress and subsequent cerebral damage constituted negligence. The defendant’s employees breached their duty of care, and the defendant is liable for the damages suffered by the plaintiff and her child. The court rejected the prescription defence, as the plaintiff only became aware of…

Source excerpt

  • Medical Negligence
  • Hospital Recordkeeping
  • Cerebral Palsy
  • Duty Of Care
  • Prescription Act
  • Maternal Health Guidelines
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.