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South Africa decisions
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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.
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.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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YM obo LM v Member of Executive Council, Health, Gauteng Province (58672/2021) [2025] ZAGPJHC 500 (22 May 2025)
The High Court found the defendant 100% liable for a newborn’s hypoxic-ischemic brain injury, holding that delayed intervention and poor monitoring were negligent.
Lobishe v Member of the Executive Council, Department of Health, Eastern Cape (3130/2019) [2025] ZAECQBHC 11 (6 May 2025)
High Court medical-negligence trial arising from spinal surgery. The court found negligent misplacement of pedicle screws caused the plaintiff’s paralysis and held the department liable.
I.M and Another v Members of the Executive Council (MEC) for Health and Social Development (29740/21) [2025] ZAGPPHC 446 (30 April 2025)
The court held the health department liable for a child’s brain injury after finding negligent labor monitoring and delayed intervention at a clinic and hospital.
Cheminais v Crane (7078/2023) [2025] ZAWCHC 183; [2025] 3 All SA 432 (WCC) (24 April 2025)
The court found an orthopaedic surgeon liable for performing more extensive heel surgery than agreed, without proper justification or informed consent, causing injury and permanent disability.
Kanunu v Minister of Health: Free State Province (4268/2015) [2025] ZAFSHC 107 (24 March 2025)
Leave to appeal in a medical negligence matter was dismissed because the applicant showed no reasonable prospects of success or compelling reason.
L.B and Another v Member of the Executive Council for Health North West Provincial Government (1637/2022) [2025] ZANWHC 64 (20 March 2025)
The court held the provincial health department liable for negligent maternity care that led to a newborn’s death and related emotional harm to the parents.
A.L.S v MEC for Health, Western Cape (116612021) [2025] ZAWCHC 30 (6 February 2025)
High Court medical negligence matter arising from a gunshot wound and delayed diagnosis of a renal pelvis injury, leading to nephrectomy.
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