McGregor and another v MEC Health, Western Cape (1258/2018) [2020] ZASCA 89 (23 July 2020)

Medical negligence – cerebral palsy – circumstances of brain injury
– adequacy of evidence of negligence.
Trial – conduct – obligation of parties to define the issues – sequence of witnesses
– joint minutes of experts – agreement on facts contrasted with agreement on
opinion – approach to agreements on matters of opinion

Delict – medical negligence – child suffering cerebral palsy as a result of acute
profound hypoxic ischaemic event during labour – whether negligence of hospital staff was
causally connected to the child’s brain damage – causation not established on the facts –
appeal upheld

Delict – Medical negligence – failure to monitor the appellant and foetus during labour – whether hospital staff was negligent – whether negligence causally connected to the child’s brain damage – negligence and causation established – appeal dismissed.

Nursery school – place of care in terms of Child Care Act 74 of 1983 – child injured when playing on swing in playground – defective design and construction of swing rendering it dangerous – whether Minister owed a legal duty to children in places of care to take reasonable steps to ensure safety of equipment – whether Minister liable for damages suffered by injured child.

Delict - Medical negligence - failure to monitor the appellant and foetus during labour - whether hospital staff was negligent - whether negligence causally connected to the child’s brain damage - negligence and causation established.

Reconsideration of application for leave to appeal – s 17(2)(f) of the Supreme Courts Act 10 of 2013 – whether exceptional circumstance exists – claim for medical negligence damages – brain injury sustained during birth – whether hospital staff were negligent – if so, whether such negligence caused the brain injury – no exceptional circumstances