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South Africa decisions
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N.Z v Member of the Executive Council for Health Western Cape (8734/2017) [2024] ZAWCHC 349; [2025] 1 All SA 838 (WCC) (1 November 2024)
High Court held the provincial health department liable for negligent management of a shoulder dystocia birth that caused brachial plexus injury and HIE.
N.M v Member of the Executive Council for Health KwaZulu-Natal (8432/15) [2018] ZAKZDHC 44 (28 September 2018)
The court found that the plaintiff presented with multiple high-risk factors, including diabetes, morbid obesity, short stature, advanced age, and multiparity, which were not adequately managed by the defendant's staff. The hospital failed to conduct sufficient ultrasound scans, misestimated the foetal weight, and did not counsel the plaintiff regarding the risks of natural delivery or offer the option of an elective caesarean section. The delivery was traumatic, and the incorrect application of the McRoberts manoeuvre and lack of proper emergency management led to the child suffering Erb's p…
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N.P v MEC for Health, Eastern Cape (1196/2012) [2014] ZAECMHC 28 (24 July 2014)
The court found that the medical staff failed to identify and respond to multiple risk factors for shoulder dystocia, ignored the plaintiff's request for a caesarean section, and did not implement internationally recognized protocols for managing shoulder dystocia. The staff's failure to conduct proper examinations, prepare a management plan, and employ the correct delivery techniques constituted negligence. Expert evidence established that the brachial plexus injury was causally linked to the mismanagement during labour and delivery, rather than being the result of natural maternal forces. T…
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