Judgements and Legislation


Judgement: Erasmus / MEC for Health


SCA-MEC vs Zulu


Els vs MEC - Evaluating Expert Opinion

Commentary by Judge Claassen: This an excellent case to demonstrate: 1. The independent role of expert witnesses in court; 2. The logic that must form the basis of an expert's opinion; 3. The effect on the value of an expert's testimony who is unwilling to make any concessions in the face of counter facts or arguments; 4. The appreciation that generally held views by experts need not necessarily be regarded as correct.
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Van Niekerk v Kruger - SCA judgment dealing with retrospective determination, after death, of whether deceased had testamentary capacity to execute a will.

SCA judgment dealing with retrospective determination, after death, of whether deceased had testamentary capacity to execute a will. Also evaluating expert evidence – court must be satisfied with the reasoning which led to conclusion by expert witness. Read the full judgement…
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AD v MEC for Health and Social Development, Western Cape Provincial Government submitted by Adv Ian Dutton

Test case in which the Western Cape Government was exploring the Constitutionality of "claw back" and "top-up" provisions in trust deeds in medical malpractice matters. This issue is of particular interest to personal injury practitioners and advisors to the Provincial and National Government. See paragraphs 1 to 81; 21 to 649; and most importantly 62 to 69.
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Kiewitz v MEC Health Western Cape judgment December 2015 (Leave to Appeal to SCA has however been granted).

Medical Negligence: Undertakings issue
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ABM v MEC Health KZN Judgment delivered February 2016

Medical Negligence case: retinopathy of prematurity
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STEWART AND ANOTHER v BOTHA AND ANOTHER 2008 (6) SA 310 (SCA)

In an action in the High Court against the medical practitioners who attended upon his wife during her pregnancy with their minor son, the appellant claimed damages in delict on behalf of his son consequent upon the fact that he was born with severe congenial defects,
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SOOBRAMONEY v MINISTER OF HEALTH, KWAZULU-NATAL 1998 (1) SA 765 (CC)

The appellant was a 41-year-old diabetic suffering from ischaemic heart disease, cerebro-vascular disease and irreversible chronic renal failure.
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SONNY AND ANOTHER v PREMIER, KWAZULU-NATAL, AND ANOTHER 2010 (1) SA 427 (KZP)

The first and second plaintiffs, a husband and wife, instituted action in the High Court in which they claimed, first, their damages flowing from the birth of their child with Down's syndrome and, second,
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SIBISI NO v MAITIN 2014 (6) SA 533 (SCA) A

Maitin, an obstetrician, delivered Sibisi's daughter, Yandiswa, and in the course of delivery the nerves in Yandiswa's right shoulder were injured
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DORCUS NZIMANDE V THE MEC FOR HEALTH, GAUTENG CASE NUMBER 44761/2013

A baby girl was born to the Plaintiff by caesarean section.
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NM AND OTHERS v SMITH AND OTHERS (FREEDOM OF EXPRESSION INSTITUTE AS AMICUS CURIAE) 2007 (5) SA 250 (CC)

The applicants in this matter were three HIV-positive women who claimed that the respondents had violated their rights to privacy and dignity by publishing their names and HIV status.
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MOKHETHI AND ANOTHER v MEC FOR HEALTH, GAUTENG 2014 (1) SA 93 (GSJ) A

A significant issue in this matter was the conduct of the MEC for Health, Gauteng (defendant), and instructing attorney in the conduct of the trial regarding quantum of damages for medical negligence.
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MINISTER OF HEALTH AND OTHERS v TREATMENT ACTION CAMPAIGN AND OTHERS (No 2) 2002 (5) SA 721 (CC)

Held, that, although the concerns raised on behalf of the appellants were relevant to the ability of government to make a 'full package' available throughout the public health sector,
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MICHAEL AND ANOTHER v LINKSFIELD PARK CLINIC (PTY) LTD AND ANOTHER 2001 (3) SA 1188 (SCA)

The appellants, the parents of a 17-year-old boy who had suffered a cardiac arrest and lapsed into a coma during a surgical operation, had sued the first respondent, the owner of the clinic where the operation was performed, and the second respondent, the anaesthetist, in a Local Division.
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MEDI-CLINIC LTD v VERMEULEN 2015 (1) SA 241 (SCA) A

Vermeulen was admitted to Medi-Clinic's hospital for treatment for malaria.
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LOUWRENS v OLDWAGE 2006 (2) SA 161 (SCA)

The plaintiff was successful in the High Court in his action for damages for the negligent performance upon him of a surgical procedure by the defendant.
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KHOZA v MEC FOR HEALTH AND SOCIAL DEVELOPMENT, GAUTENG 2015 (3) SA 266 (GJ)

This case concerns the merits of a damages claim on behalf of a minor for a brain injury he sustained during his birth at a provincial hospital.
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H v FETAL ASSESSMENT CENTRE 2015 (2) SA 193 (CC)

A boy with Down's syndrome — who was represented by his mother — sued the Fetal Assessment Centre for his damages flowing from its alleged failure to warn his pregnant mother that there was a high risk of him being born with the syndrome.
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GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND OTHERS v GROOTBOOM AND OTHERS 2001 (1) SA 46 (CC)

The respondents had been evicted from their informal homes situated on private land earmarked for formal low-cost housing.
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GOLIATH v MEC FOR HEALTH, EASTERN CAPE 2015 (2) SA 97 (SCA) A

A surgical swab was left in Ms Goliath's abdomen during a hysterectomy performed at a provincial hospital falling under the MEC.
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FRIEDMAN v GLICKSMAN 1996 (1) SA 1134 (W)

An agreement between a pregnant woman and a doctor that he would advise her whether there was a greater risk than normal that she might have a potentially abnormal or disabled child so that she might make an informed decision on whether or not to terminate the pregnancy is not contra bonos mores but sensible,
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EX PARTE WH AND OTHERS 2011 (6) SA 514 (GNP) D

The Deputy Judge President constituted a court to consider an application in terms of s 295 of the Children's Act 38 of 2005 for the confirmation of a surrogacy application by a same sex couple, and to determine and provide guidelines on how similar applications should in future be dealt with
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ESTERHUIZEN v ADMINISTRATOR, TRANSVAAL 1957 (3) SA 710 (T)

Mere consent to undergo X-ray treatment, in the belief that it is harmless or being unaware of the risks it carries, cannot amount to effective consent to undergo the risks or the consequent harm.
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DUBE v ADMINISTRATOR, TRANSVAAL 1963 (4) SA 260 (W)

When a hospital accepts a patient its staff owes him a duty to attend to and treat him with due and proper care and skill.
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CASTELL v DE GREEF 1994 (4) SA 408 (C) A

In deciding whether a medical practitioner has incurred liability for negligence..
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CLARKE v HURST NO AND OTHERS 1992

The applicant's husband ('the patient') had suffered a cardiac arrest in 1988 and had since then been in a persistent and irreversible vegetative state and was fed artificially by means of a naso-gastric tube.
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CASTELL v DE GREEF 1994

In deciding whether a medical practitioner has incurred liability for negligence as a result of his failure to warn his patient of the material risks and complications which might arise from a surgical operation or other medical treatment.
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Broude V McINOSH AND OTHER 1998(3)SA60(SCA)

Appellant’s action for damages as a consequence of paralysis of the left side of the face caused by alleged negligent conduct.
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BLYTH v VAN DEN HEEVER 1980(1)SA191(A)

Appellant sustained fractures of the right radius and ulna (bone in right forearm).
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AFROX HEALTCARE BPK V STRYDOM.19.10.15

Is an exemption clause that indemnifies a hospital's nursing staff against liability for negligence valid and enforceable?
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The Premier of the Western Cape Province v Loots NO

The Premier of the Western Cape Province v Loots NO




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