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MEC for Health and Social Development, Gauteng v TM obo MM (380/2019) [2021] ZASCA 110 (10 August 2021)

MEC for Health and Social Development, Gauteng v TM obo MM (380/2019) [2021] ZASCA 110 (10 August 2021)
Citation
MEC for Health and Social Development, Gauteng v TM obo MM (380/2019) [2021] ZASCA 110 (10 August 2021)
Media Neutral Citation
[2021] ZASCA 110
Hearing date
8 March 2021
Court
Supreme Court of Appeal of South Africa
Case number
380/2019
Judges
Ledwaba AJA, Saldulker JA, Nicholls JA, Mbatha JA, Rogers AJA
Judgment date
10 August 2021
Language
English
Type
Judgment
Media summary
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Cited documents 11

Judgment
11
Mashongwa v PRASA [2015] ZACC 36 (26 November 2015)
Reported
Bee v Road Accident Fund (93/2017) [2018] ZASCA 52 (29 March 2018)
Reported
Minister of Safety and Security v Van Duivenboden (209/2001) [2002] ZASCA 79 (22 August 2002)
Reported
PriceWaterhouseCoopers Inc and Others v National Potato Co-operative Ltd and Another (451/2012) [2015] ZASCA 2 (4 March 2015)
A N obo E N v MEC for Health, Eastern Cape (585/2018) [2019] ZASCA 102 (15 August 2019)

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.
Michael and Another v Linksfield Park Clinic (Pty) Ltd and Another (1) (361/1998) [2001] ZASCA 12 (13 March 2001)
Reported
Soobramoney v Minister of Health (Kwazulu-Natal) [1997] ZACC 17 (27 November 1997)
Reported
AM obo KM v Member of Executive Council for Health, Eastern Cape (699 of 2017) [2018] ZASCA 141 (1 October 2018)
Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape [2015] ZACC 33 (14 October 2015)
Reported
Member of Executive Council for Health, Eastern Cape v DL obo AL (117/2020) [2021] ZASCA 68 (3 June 2021)

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

Documents citing this one 5

Judgment
5
T M obo M M v Member of Executive Council for Health and Social Development, Gauteng [2022] ZACC 18 (30 May 2022)
Reported
Du Preez N O v Member of Executive Council for Health & Social Development of Eastern Cape Province (1032/2022) [2024] ZASCA 147 (28 October 2024)

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
M and Another v Member of Executive Council for Health of Gauteng Provincial Government (29050/2021) [2024] ZAGPPHC 587 (10 June 2024)
MEC for Health, Gauteng Provincial Government v A A S obo C M M S (401/2023) [2025] ZASCA 91 (20 June 2025)
General damages for pain and suffering denied for unaware child; special damages sufficiently address care needs.
Delictual law – General damages – Unconscious minor claimant with cerebral palsy – Award for pain and suffering – Awareness as a criterion for non-pecuniary damages.
Masako and Another v Member of the Executive Council for Health Gauteng (45375/17) [2021] ZAGPJHC 80 (8 November 2021)