Masako and Another v Member of the Executive Council for Health Gauteng (45375/17) [2021] ZAGPJHC 80 (8 November 2021)

Delict – Medical negligence – failure to monitor the appellant and
foetus during labour – whether negligence of hospital staff was causally
connected to the child’s brain damage – factual causation not established – appeal
dismissed.

Claim by mother on behalf of child suffering from cerebral
palsy in consequence of acute profound hypoxic ischaemia intrapartum –
whether hospital staff was negligent in failing to perform caesarean
section more promptly – whether hospital was negligent in not having
second theatre for caesarean sections – whether staff was negligent in the
way the theatre was used during the day in question – whether staff was
negligent in failing to refer mother to neighbouring hospital – whether
staff was negligent in failing to apply intrauterine resuscitation –
negligence not proved – in any event, not proved that non-negligent
action would have averted the acute profound hypoxic ischaemia