This blog is co-authored by Danita Mungaroo, candidate attorney.
The High Court recently dealt with a complex medical negligence case involving allegations of substandard care at Themba Hospital. The matter concerned a child born with severe mixed-type cerebral palsy due to hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation during birth. The claimant
The Constitutional Court re-enforced the principle that in circumstances where a claimant is mentally incapacitated, the completion of the period of the prescription of a claim would not occur for as long as the mental capacity impediment exists. The placement of a claimant under curatorship does not result in a cessation of the mental incapacity
The Medicines and Related Substances Act, 1965 allows the South Africa Health Products Authority (SAHPRA) to call up both medicines and medical devices for South African registration. Unlike medicines (which must be registered), SAHPRA has yet to call up medical devices for registration. This means that no medical device currently manufactured, imported, distributed, or sold
The Pretoria High Court recently dismissed a patient’s appeal against the HCPSA’s decision not to find a doctor guilty of unprofessional conduct.
The patient had lodged a complaint with the HPCSA alleging that the doctor had, despite knowing the patient’s history and risk factors, performed a coronary angiogram and caused the patient to suffer a
This recent United Kingdom Supreme Court Judgment considered whether under the relevant reinsurance program Covid-19 losses all arose out of or were directly occasioned by one “catastrophe”. If so, the losses could be aggregated so that the reinsurers would pay those claims under the relevant treaty terms.
The judgment contains an extensive review
The Pretoria High Court recently dismissed a pharmaceutical company’s application to review the Department of Health’s (DOH) decision to classify medicines for the purposes of assessing tender bids.
The DOH awarded a tender to supply surfactants to treat Respiratory Distress Syndrome at public hospitals. The tender bid invitation was based on two therapeutic classes
The National Consumer Commission (NCC) has recently urged the public to return various brands of peanut butters for a refund. The manufacturer of the peanut butters had informed the NCC that the affected products contain higher than the legally accepted levels of Aflatoxin.
The recall of most consumer products is regulated by the Consumer Protection
Avian Influenza (Bird Flu) is a highly contagious viral disease affecting domestic poultry and wild birds. It is a significant concern to poultry farmers in South Africa. South Africa’s recent Bird Flu outbreak highlighted the need for appropriate insurance for these events.
The South African Poultry Association (SAPA) has confirmed that South Africa’s
The Supreme Court for England and Wales (ESC) recently ruled that while doctors owe a duty of care towards their patients, they do not owe a similar duty to that patient’s family.
Like South African law, English law allows those who suffer mental injury after witnessing an accident to sue for damages as
A Maryland US court declined a doctor’s request for an indemnity from his medical malpractice insurers because the insured doctor failed to report a request for medical records from the patient’s lawyer as required by the policy during the policy period.
The attorney’s request for medical records was sent on 20 April 2021. The insurance policy