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March v MEC for Health of North West Province (2267/2018) [2023] ZANWHC 85 (15 June 2023)
The court dismissed a medical negligence claim over alleged delay in communicating biopsy results and treating cervical cancer, finding no proved negligence or causation.
M N v Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government (2016/07322) [2017] ZAGPJHC 465 (29 September 2017)
The court found that the plaintiff failed to discharge the onus of proving negligence on the part of the defendant's medical staff. The complication suffered by the plaintiff, namely hoarseness of voice due to stretching of the laryngeal nerve, was a known risk of the procedure and did not, in itself, establish negligence. The evidence of the defendant's witnesses was accepted as reliable and unchallenged, and the plaintiff did not call her own experts to support her case. The court held that the plaintiff set an unreasonably high standard for surgeons and that the applicable standard is that…
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