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South Africa decisions
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Morris v van Niekerk (1922/2018) [2023] ZAECQBHC 25 (25 April 2023)
The High Court held a specialist surgeon liable for negligent redo fundoplication surgery and later hernia repair, awarding agreed damages of R2,160,548.
M S obo N S v MEC for Health, Province of Gauteng (00790/15) [2020] ZAGPJHC 3 (31 January 2020)
Medical negligence claim dismissed after the court found the hospital staff acted reasonably and the plaintiff’s evidence was unreliable.
Kluever and Another v De Goede (20198/2014) [2015] ZASCA 105 (19 August 2015)
The Supreme Court of Appeal upheld liability for negligent knee surgery, rejecting contributory negligence and confirming vicarious liability of the Minister of Defence.
Margalit v Standard Bank of South Africa Ltd and Another (883/2011) [2012] ZASCA 208; 2013 (2) SA 466 (SCA); [2013] 2 All SA 377 (SCA) (3 December 2012)
The Supreme Court of Appeal found that the second respondent, acting as Standard Bank's conveyancer, was negligent in failing to prepare and lodge the necessary documents for cancellation of both mortgage bonds over the property. The evidence showed that the second respondent had possession of a copy of the title deed reflecting both bonds but inexplicably prepared papers for cancellation of only one bond, resulting in rejection by the deeds office and delay in transfer. Further, the second respondent failed to ensure that affidavits required under regulation 68(1) were properly attested in a…
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Hoffmann v MEC for Department of Health, Eastern Cape and Another (1037/2007) [2011] ZAECPEHC 39 (9 September 2011)
The court found that the plaintiff was a high-risk patient due to her diabetes, hypertension, and history of caesarean sections, and that she had informed the hospital staff of her condition. The hospital had a legal duty to provide reasonable care, including timely intervention in the presence of foetal distress. The evidence established that the staff failed to act with the required urgency and skill, particularly after signs of foetal distress appeared at around 21h30, and that the theatre was available but the doctor was only called much later. The delay in performing the caesarean sectio…
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Michael and Another v Linksfield Park Clinic (Pty) Ltd and Another (1) (361/98) [2001] ZASCA 12; [2002] 1 All SA 384 (A); 2001 (3) SA 1188 (SCA) (13 March 2001)
The Supreme Court of Appeal found, on the probabilities, that the cardiac arrest suffered by the patient was caused by cocaine toxicity alone, not by propranolol or a combination of both. The quantity of cocaine used was within accepted safe limits and its use was standard practice for the procedure. The anaesthetist's diagnosis and management, including the administration of propranolol, were reasonable and not negligent. The evidence did not establish that the clinic's defibrillator was defective or that ignorance of its operation caused a material delay in resuscitation. Although both the…
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