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South Africa Case Law

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Delict [2024] ZASCA 21

MEC of Health and Social Development of the Gauteng Provincial Government v M (272/2022)

MEC of Health and Social Development of the Gauteng Provincial Government v M (272/2022) [2024] ZASCA 21 (5 March 2024)

The Supreme Court of Appeal held that the respondent failed to prove hospital negligence or causation in a cerebral palsy medical-negligence claim.

  • Medical Negligence
  • Causation
  • Cerebral Palsy
  • Standard Of Care
  • Sentinel Event
  • Expert Evidence
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Delict [2022] ZANWHC 14

M.M obo G.M v MEC for Department of Health North West Province (CIV APP FB 11/2021)

M.M obo G.M v MEC for Department of Health North West Province (CIV APP FB 11/2021) [2022] ZANWHC 14 (4 April 2022)

Full Bench appeal on medical negligence and causation dismissed; the court held the child’s cerebral palsy was not proven to have been caused by the hospital’s negligence.

  • Medical Negligence
  • Causation
  • Cerebral Palsy
  • Duty Of Care
  • Apportionment Of Damages
  • Sentinel Event
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Delict [2020] ZANWHC 6

P.M obo A.M v MEC, Department of Health North West Provincial Government (754/2016)

P.M obo A.M v MEC, Department of Health North West Provincial Government (754/2016) [2020] ZANWHC 6 (6 February 2020)

High Court delict claim over a child’s cerebral palsy failed on causation, despite findings of negligent monitoring and improper funnel pressure during labour.

  • Medical Negligence
  • Causation In Delict
  • Sentinel Event
  • Standard Of Care
  • Cerebral Palsy
  • Apgar Scores
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.