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South Africa decisions
Decisions matching the current search
NK obo NR v MEC for Health, Free State (4852/2016) [2025] ZAFSHC 225 (31 July 2025)
High Court medical negligence claim over a birth injury held the defendant liable for 100% of proven damages; quantum was postponed.
P.M obo Y.M v Member of the Executive Council for Health Eastern Cape Province (EL1118/2022) [2024] ZAECELLC 41 (20 August 2024)
Medical negligence claim dismissed after the court found the mother repeatedly refused monitoring and treatment during labour, preventing timely intervention.
NGM v Member of the Executive Council, Department of Health, Eastern Cape (420/2019) [2022] ZAECBHC 42 (8 November 2022)
High Court liability judgment in a medical-negligence claim arising from labour and delivery, where the court found negligent monitoring caused the child’s brain injury.
Nkamela on behalf of Okuhle Nkamela v Member of the Executive Council for Health: Eastern Cape Province (308/2018) [2022] ZAECBHC 15 (31 May 2022)
The court found that the defendant failed to provide evidence to refute the plaintiff's allegations regarding inadequate monitoring and the absence of medical records. The maternity guidelines set the standard for care, and deviation from them constituted negligence. The plaintiff's personal claim was supported by evidence of trauma and continued care for the child, and prescription was neither pleaded nor proved. Expert evidence, including joint reports and undisputed findings, established the cause of cerebral palsy as a peripartum hypoxic ischaemic injury. The defendant's challenges to the…
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K v Member of the Executive Council for Health for the Province of KZN (D7918/2015) [2022] ZAKZDHC 8 (9 February 2022)
Medical negligence claim over cerebral palsy dismissed for lack of proof of causation and negligence.
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