A decision made by the High Court in Nairobi in June 2025 has set a significant precedent in medical negligence law in Kenya. The court found both a hospital and a consultant gynaecologist jointly and severally liable for severe injuries suffered by a patient following a hysterectomy and related procedures and awarded damages of R21 557 191.
In May 2025, the High Court dismissed an urgent application by a clinical psychologist against the Health Professions Council of South Africa (HPCSA) to stay the hearing of a professional misconduct inquiry by its Professional Conduct Committee until the court decided on her application to review the Committee’s decision not to grant a discharge.
The
In May 2025, the High Court examined whether the hospital staff’s actions were negligent and if this negligence caused the brain injury of her child during childbirth. The claimant argued that the staff did not monitor the foetus properly, ignored warning signs, and delayed intervention and delivery, breaching medical guidelines. The hospital claimed that causation
In a surprising decision which is on appeal, the High Court held that the President’s decision to assent to and assign the National Health Insurance Bill is reviewable because all executive decisions are reviewable under the principle of legality or the law relating to the review of administrative decisions. The court invoked section 173 of the
In a landmark case, the Cancer Alliance succeeded in a legal action against the Gauteng Department of Health and other related entities for failing to address the urgent need for radiation oncology services for cancer patients in Gauteng. This case highlights the critical issues surrounding healthcare service delivery, the allocation and utilisation of funds, and
In May 2025, the High Court confirmed its jurisdiction to hear an appeal against a decision of the Health Professions Council of South Africa (HPCSA) Preliminary Committee of Inquiry which was made before Regulation 4A of the Health Professions Act came into effect on 23 June 2023.
Regulation 4A allows a complainant who is aggrieved
Where a hospital had inadequate surgical-sterilisation procedures affecting thousands of patients, a US Court of Appeals interpreted the hospital’s medical malpractice excess of loss policies, which covered medical incidents in furnishing services to any one patient, as indemnifying per patient, and not one claim for all patients harmed by single cause.
After notification by a
Around the world there are class actions, both settled and ongoing, by players against their respective sports bodies for repetitive head injuries resulting in neurodegenerative disorders. Insurers and brokers need to take note.
Class action claims against the US National Football League for concussion injuries in respect of which risk the league ignored or concealed
This blog is co-authored by Mishka Maharaj, a candidate attorney.
The importance of appointing appropriate medical experts to provide evidence in medical malpractice disputes was highlighted in this April 2025 High Court judgment.
A patient claimed damages from an orthopaedic surgeon arising from the surgeon advocating for and performing a surgical procedure to his right
In a recent April 2025 case, the court examined the liability of the defendants for injuries sustained by the plaintiff after falling into an open stormwater drain. The court concluded that the defendants’ conduct was wrongful and negligent, and that the defendant, the Johannesburg Municipality and Johannesburg Road Agency were liable for 50% of the