Medical Malpractice

On 27 September 2024, the High Court in Pretoria held the MEC for Health of the Mpumalanga Provincial Government (“the Defendant”) liable for the injuries a minor child sustained during his birth on 19 December 2010. In particular, the Court found that the hypoxic-ischemic encephalopathic brain injury sustained by the minor was caused as a […]

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes. Prescription periods are set out in various laws and […]

It is trite law that a principal cannot be held civilly liable for the wrongs committed by an independent contractor unless the principal is personally at fault. The legal position is less clear when the independence of an alleged independent contractor is called into question, as is often the case with medical malpractice cases involving […]

Introduction Eskom, the country’s only public power utility, is seriously battling to meet the electricity power demands of the population, and this is likely to have catastrophic consequences for the healthcare system. In recent weeks, several government officials have been calling on Eskom to exempt hospitals and health institutions from loadshedding. Health institutions rely heavily […]

The investigation and prosecution of medical malpractice claims has become an important part of the portfolio of services offered by many attorneys. Yet it remains a highly specialised field of legal practice, where the law and the medical sciences meet. For this reason, the decision to investigate and ultimately pursue a medical malpractice claim should […]

The wait is finally over! South Africa’s vaccination roll-out plan is expected to go into overdrive shortly. However, in recent weeks it has been widely reported in the media that people have experienced severe side-effects, ranging from allergic reactions to blood clots, after receiving Covid-19 vaccines. Legal Position Elsewhere But who is to blame if […]

When it comes to personal injury litigation, one of the most common tactics used by defendants is to attempt to delay the process through exceptions which are increasingly ill founded. Let us face it: most of the doctors and hospitals sued for personal injury claims are insured. These insurance companies are civil litigation veterans. They […]

Dogs, just like other domesticated animals, are an important part of most families – for affection, security, etc. As such, dogs play an important part in the family setting. However, in recent months many dog owners have become concerned by the growing number of cases relating to dog bites. When these cases succeed, owners are […]

Metrorail is the largest operator of commuter rail services in South Africa, with millions of individuals commuting every day. It is also a division of the Passenger Rail Agency of South Africa (PRASA), a state-owned enterprise which is responsible for most passenger rail services in South Africa. The rail service providers like PRASA and Metrorail […]

Author: Mpumelelo Ndlela The Supreme Court of Appeal (SCA) in Motloung and Another v The Sheriff, Pretoria East and Others (Case no 1394/18) {2020} ZASCA (“Motloung”), discouraged the conduct of the sheriff in Pretoria East (“the respondent”) for refusing to serve a high court summons, resulting in the prescription of the Appellant’s third party claim […]

The High Court in Pretoria has ruled that Gauteng’s current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player’s death at the Steve Biko Hospital.

Unfortunately incidents where it can be shown that medical professionals have neglected their legal obligation and are negligent are becoming commonplace. So what steps should you take if you, or a loved one, find yourself in a similar position?