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South Africa decisions
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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.
C.J.H v Kingsbury Foetal Assessment Centre (Pty) Ltd (4872/2013) [2014] ZAWCHC 61 (24 April 2014)
South African law does not recognise 'wrongful life' claims brought by a child born with disabilities against a medical practitioner for failure to warn the mother of risks during pregnancy. Such claims are contrary to public policy and the convictions of the community, as they require the court to determine that non-existence is preferable to life, which is a question the law should not answer. The authorities of Friedman and Stewart, as confirmed by the Supreme Court of Appeal, remain binding. The defendant did not owe a legal duty to the child as a foetus in utero that could give rise to a…
Source excerpt
Sonny and Another v Premier of the Province of Kwazulu-Natal and Another (4026/2003) [2009] ZAKZPHC 33; 2010 (1) SA 427 (KZP) ; [2010] 1 All SA 169 (KZP) (7 August 2009)
High Court held the province liable for negligent prenatal counselling causing a wrongful-birth claim, but rejected the sterilisation claim.
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