In December 2025, the High Court granted urgent relief to civil society organisations after vigilante groups at Yeoville and Rosettenville clinics blocked access for anyone unable to produce a South African ID. While the City later withdrew its objection, national and provincial health authorities argued they bore no responsibility for what happens outside clinic gates
In September 2025, a full bench of the High Court dismissed the appeal of the Eastern Cape MEC for Health against a liability finding for hypoxic‑ischaemic brain injury sustained by a child during delivery. The child’s mother alleged that substandard obstetric care, marked by inadequate monitoring, after documented bradycardia, the failure to escalate care and
The TN obo BN v Member of the Executive Council for Health, Eastern Cape judgment marked a major shift in South African medical negligence law by recognising two alternative remedies for awarding traditional lump‑sum damages where appropriate. The public healthcare remedy allows a health department to provide the injured person’s future medical services and supplies
In an April 2025 judgment, the High Court ruled that private hospitals performing public functions cannot avoid the scrutiny of constitutional and administrative law standards, especially if the constitutional rights of patients may be affected.
The matter arose from a private hospital’s decision to terminate the practising privileges of an oncologist with specialised expertise in
This blog is co-authored by Boitumelo Phillips, candidate attorney.
In July 2025, the High Court delivered a significant judgment in a medical negligence case involving the claimant, who acted on behalf of her minor son, and the defendant, the Member of the Executive Council for Health, representing the respondent. The matter arose from the birth
This blog is co-authored by Justine Subramoney, candidate attorney.
A July 205 High Court appeal has reinforced the principle that courts must consider all expert evidence as a whole when determining compensation in personal injury litigations (RAF) matters. This approach is crucial for both legal practitioners and claimants seeking fair outcomes in such litigation.
The
A July 2025 High Court judgment found the defendant liable for medical negligence after the claimant’s child was born with brain damage. The court held the defendant responsible because the hospital staff failed to perform a caesarean section in a timely manner and improperly administered oxytocin during labour, resulting in the child suffering hypoxic ischaemic
This blog is co-authored by Yuveshen Naidoo, a Candidate Attorney.
In July 2025 the High Court held the North West MEC for Health liable for damages arising from a brain injury sustained by a minor child during birth at Mahikeng Provincial Hospital. The plaintiff, acting in her representative capacity as the mother and natural guardian
This blog is co-authored by Mishka Maharaj, a candidate attorney.
In July 2025, the High Court overturned a decision by the Health Professions Council of South Africa (HPCSA) that an intensivist surgeon on critical care call acted unprofessionally by declining to accept a self-funded patient into his care at a private hospital.
The patient presented
This blog is co-authored by Raaiqhah Akoo, a candidate attorney.
In June 2025, the High Court found the MEC for the Department of Health, Limpopo liable for the omissions and acts of the healthcare staff at a public hospital who delivered a baby by natural vaginal delivery despite the baby presenting in the breech position.