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Cited documents 3
Judgment
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Failure to prove that inadequate intrapartum monitoring caused infant’s acute hypoxic‑ischaemic brain injury; appeal dismissed.
Delict – medical negligence – intrapartum hypoxic‑ischaemic injury – causation; admissibility and probative effect of falsified hospital records; timing of acute profound hypoxic events and implications for preventability; application of flexible causation approach where precise source/timing unknown.
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Reported
Applicant proved negligence in retention of a surgical swab; res ipsa loquitur unnecessary and adverse inference warranted.
Delict — medical negligence — retained surgical swab; proof of negligence on balance of probabilities; evidential role (not presumption) of res ipsa loquitur; adverse inference from defendant's failure to call available witnesses; employer liability for staff acts.
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Act
1Documents citing this one 1
Judgment
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Reported
Whether a partial prolonged HIE was caused intrapartum by negligent monitoring of labour; majority: not proved; dissent: negligence proven.
Medical negligence – cerebral palsy – timing of hypoxic‑ischaemic encephalopathy (partial prolonged type) – proof of intrapartum cause; evidentiary weight of contemporaneous records versus late parental recollection; missing hospital records – neutral factor v adverse inference/res ipsa loquitur; expert joint minutes – effect and limits; trial conduct – sequence of factual and expert evidence.
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