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.
Healthcare
HPCSA Preliminary Committee decisions can be appealed to High Court


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…
Satisfying court orders: Periodic payments and lump sum payments.


In a March 2025 Judgment, the High Court addressed the issue of whether the Eastern Cape Department of Health could satisfy a final court order for the payment of damages in instalments instead of a lump sum. The court found that the defendant cannot satisfy a court order in periodic payments.
The plaintiff, BN, acting…
Adverse Drug Reaction reporting in South Africa

The Medicines and Related Substances Act, 1965 requires the South African Health Products Regulatory Authority (SAHPRA) to monitor the use of medicines in South Africa. SAHPRA is responsible for overseeing adverse drug reaction reporting in South Africa.
Adverse drug reactions (including interactions with other medicines) caused by prescribed medicines, over the counter medicines, or by…
High Court agrees with HPCSA’s decision to dismiss patient’s complaint

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…
Prescription does not run against a mentally incapacitated claimant despite having a curator


The Supreme Court of Appeal confirmed 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 health impediment exists. Placing a claimant under curatorship is in itself an impediment. It does not bring about a cessation…
Duty to protect the public prevails over a healthcare practitioner’s need to practice

A gynaecologist and obstetrician, appeared before the Professional Conduct Committee of the Health Professions Council of South Africa (HPCSA) on charges lodged against him by his patient, Mrs M. He pleaded guilty to 2 out of 7 counts of alleged unprofessional misconduct, and was found guilty only of the 2 counts which he…
HPCSA relaxes scope of practice rule, and provides more COVID-19 guidelines

On 17 April 2020, the Health Professions Council of South Africa provided its latest COVID-19 guidelines to registered practitioners. The guidelines were circulated to registered practitioners via e-mail – as at the date of publication of this article, the guidelines are yet to be published on the HPCSA’s website www.hpcsa.co.za
The HPCSA acknowledges that the…
HPCSA guidance on telemedicine during COVID-19 outbreak

On 26 March 2020 – the eve of the 21 day nationwide lockdown in South Africa – the Health Professions Council of South Africa (HPCSA) issued a guidance note regarding the practice of telemedicine.
The guidance note supplements and amends the HPCSA’s existing guidelines for the practice of telemedicine (booklet 10) as follows:
- The term
…
Council for Medical Schemes banning of low cost benefit options


Healthcare has found its way into everyday conversations more so than in recent years. The steadfast movement towards a National Health Insurance has inspired vigorous yet contrary emotions with each side holding their position with equal conviction. On 4 December 2019 a decision by the Registrar and Chief Executive Officer of the Council for Medical…