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Thlooe v MEC for Department of Health, North West Provincial Government (625/2010) [2021] ZANWHC 45 (12 August 2021)
The court upheld a wrongful-conception claim after finding that hospital staff failed to inform the plaintiff her sterilisation was unsuccessful, causing pregnancy.
Mukheiber v Raath and Others (262/97) [1999] ZASCA 39; [1999] 3 All SA 490 (A) (28 May 1999)
The Supreme Court of Appeal held that Dr Mukheiber negligently misrepresented to the Raaths that Mrs Raath had been sterilised, which induced them to cease contraceptive measures and resulted in the birth of a healthy child. The misrepresentation was found to be material, unlawful, and negligent, given the special doctor-patient relationship and the foreseeable risk of economic loss. The court rejected arguments that public policy excludes liability for the maintenance of a healthy child, affirming that the financial burden of raising the child constitutes a legal loss recoverable in delict.…
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