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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.
V.N obo M.N v Member of the Executive Council for Health, Eastern Cape Province (10/2020) [2025] ZAECBHC 16 (29 July 2025)
Court held the province liable for negligent labour management causing a newborn’s hypoxic brain injury; quantum was postponed.
B.G.M obo Baby A v Member of the Executive Council for the Department of Health North West Province (431/2021) [2025] ZANWHC 124 (18 July 2025)
The High Court found the health department 100% liable for brain damage caused by delayed diagnosis and treatment of a newborn’s jaundice.
N.Z v Member of the Executive Council for Health - Western Cape (Leave to Appeal) (8734/2017) [2025] ZAWCHC 290 (15 July 2025)
The High Court dismissed the defendant’s application for leave to appeal in a medical negligence matter, finding no reasonable prospects of success or compelling reason.
A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019) [2025] ZAECBHC 15 (27 June 2025)
The court found that the defendant's reliance on an 'undertaking to pay' remedy, divorced from the public healthcare defence and unsupported by a properly pleaded case or factual evidence, was untenable. The defendant failed to demonstrate why the common law should be developed in the present circumstances to permit such a remedy, nor did she provide evidence that the agreed private healthcare costs were unreasonable. The court emphasized that development of the common law in this area requires a case-specific factual foundation and cannot be applied automatically from previous judgments. The…
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S.S.M obo B.S.M v Member of Executive Council for Health, Kwazulu-Natal (7904/15) [2025] ZAKZDHC 38 (18 June 2025)
High Court damages judgment for a child with cerebral palsy arising from birth negligence, addressing life expectancy, caregiving, loss of earnings, and general damages.
N.O.B and Another v Member of the Executive Council for Health of the Limpopo Provincial Council (10146/2022) [2025] ZALMPPHC 115 (17 June 2025)
The Court found that the Defendant's nursing and medical staff failed to correctly and timeously diagnose the breech presentation of the minor child, both at the clinic and hospital, resulting in the absence of preventative care and failure to follow prescribed procedures. Expert evidence established that the standard of care was not met, and the omissions directly led to the minor child's asphyxiation and brain injury. The Defendant's sole witness did not adequately justify the decision to proceed with vaginal delivery, and critical witnesses were not called. The Court held that the Defendan…
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Z.N obo N v MEC for Health, Mpumalanga Province (1295/2019) [2025] ZAMPMBHC 48 (6 June 2025)
High Court award of R540,000 in general damages after agreed 90% liability, for a child who suffered severe cerebral palsy due to negligent hospital care.
Maseko v Member of Executive Council for Health, Gauteng Provincial Government (28974/2016) [2025] ZAGPJHC 568 (5 June 2025)
High Court medical negligence case over a hip fracture. The court found hospital staff should have done further imaging on the second visit and held the defendant liable.
Van Vuuren v Mec for Health, Gauteng Province (054/2024) [2025] ZASCA 76 (4 June 2025)
The Supreme Court of Appeal dismissed an appeal about late notice under the organ-of-state proceedings Act, holding condonation was unnecessary on the appellant’s own version.
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