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South Africa decisions
Decisions matching the current search
MEC for Health, Free State v Marumo (24/2015) [2025] ZAFSHC 163 (4 June 2025)
The High Court granted leave to appeal in a medical-negligence damages matter, finding reasonable prospects of success and directing the appeal to a full court.
N.F v Santam Limited (11554/2017) [2024] ZAWCHC 12 (26 January 2024)
The High Court granted condonation for the late filing of a replication in a medical-malpractice insurance dispute, finding triable issues about coverage and insolvency.
Kahla v MEC Health Northern Cape Province (2797/2016) [2022] ZANCHC 70 (4 November 2022)
The High Court held the health department liable after finding a bladder injury occurred during caesarean section and the surgeon failed to investigate it properly.
Petersen v Oosthuizen (2015/44101) [2022] ZAGPJHC 412 (15 June 2022)
Leave to appeal was refused in a medical malpractice matter arising from a laminectomy, because the applicant did not show material factual error or prospects of a different outcome.
J Willemse v MEC Health FS (A43/2020) [2021] ZAFSHC 66 (21 January 2021)
The High Court upheld an appeal and granted condonation for late notice under the organs of state proceedings Act in a medical negligence claim.
Botha v Coetzee Venter Attorneys (601/2014) [2019] ZAECGHC 47 (25 April 2019)
The High Court dismissed a negligence claim against attorneys after finding the plaintiff had not shown he would have succeeded in the underlying claim.
Mgijima v Minister of Police and Others (40923/13) [2018] ZAGPPHC 550 (26 April 2018)
The court found that the police acted unlawfully and recklessly in shooting the plaintiff, who was merely gambling and smoking dagga with friends and ran away out of fear for his life. There was no evidence that the plaintiff was identified as a suspect in a robbery or posed any threat to the police. The plaintiff's conduct in running away did not amount to contributory negligence. The court accepted the plaintiff's evidence as honest and reliable, noting that discrepancies in his statements were not material. The first defendant, Minister of Police, was held 100% liable for the damages suffe…
Source excerpt
J.J v Meyer (51155/2014) [2017] ZAGPPHC 285; [2017] 3 All SA 878 (GP) (6 February 2017)
High Court damages decision after an abdominoplasty claim, addressing informed consent, causation, psychological sequelae, and quantum.
MEC for Health, Eastern Cape v Mkhitha and Another (1221/2015) [2016] ZASCA 176 (25 November 2016)
The SCA held that negligent hospital treatment after a car crash was a novus actus interveniens, so the MEC’s special plea failed and the appeal was dismissed.
Schickerling v Wolff (2007/6369) [2016] ZAGPJHC 385 (26 July 2016)
High Court dismissed a malpractice claim against a clinical psychologist, finding no proof of negligent misdiagnosis of Alzheimer’s disease or causation.
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