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N.C and Another v P.M.E (A398/2018) [2021] ZAGPPHC 210 (9 March 2021)
Appeal in a wrongful birth medical-negligence claim dismissed; the court found no negligence in antenatal care, counselling, gestational dating, or referral decisions.
Premier of the Province of KwaZulu-Natal v Sonny and Another (047/10) [2011] ZASCA 6; 2011 (3) SA 424 (SCA) (4 March 2011)
The Supreme Court of Appeal upheld the High Court’s finding that the medical staff at Addington hospital were negligent in failing to adequately inform Mrs Sonny of the risks associated with her pregnancy and the necessity for further testing. The court found that the medical staff should have involved the patient fully in her treatment and diagnosis, especially given her status as a high-risk patient. The failure to communicate the need for a second ultrasound and the risks of Down’s syndrome, coupled with the clinic’s reassurance and lack of clear instruction, led Mrs Sonny to believe there…
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