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Cited documents 30
Judgment
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Reported
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Reported
Administrative action – validity of administrative decision not the subject of counter-application or separate review application – beneficiary of decision prejudiced – proper process must be followed to set the decision aside – validity of decision not before the Court. Administrative action – status of administrative decision improperly taken – decision remains effectual until properly set aside and cannot be ignored – application of Oudekraal judgment. |
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Reported
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Reported
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Reported
Medical negligence – plaintiff's case based on expert evidence – requirements for such evidence to be admitted – duties of expert witnesses – direct evidence preferable to reconstruction after the event – trial court's findings of fact - not lightly disregarded – diagnosis and treatment of child presenting with head injury – instructions on discharge. |
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Reported
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Delict – medical negligence – damages – liability in respect of a minor born with brain damage who now suffers from cerebral palsy – whether hospital staff negligent – if so, whether such negligence caused the damage – negligence and causation established – MEC liable |
Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Business, Trade and Industry
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Human Rights
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Health and Food Safety
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Dispute Resolution and Mediation
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Dispute Resolution and Mediation
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Finance and Money
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Government Notice
1Documents citing this one 14
Judgment
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Criminal law and Procedure – reliance on single witness – whether the court applied the cautionary rule in respect of single witness –admission of hearsay evidence – section 3 of the Law of Evidence Amendment Act 45 of 1988 – admissibility of the photo identification in terms of s 37 of the Criminal Procedure Act 51 of 1977 – circumstances where no rules of identification parade applicable – evidential value of statement made in terms of s 115 – whether the appellant’s alibi is reasonably possibly true
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Evidence – statement by party that opponent’s expert opinion can be handed in as evidence – not a ‘fact admitted’ on the record of proceedings within the meaning of s 15 of the Civil Proceedings Evidence Act 25 of 1965 – decision on expert evidence for the court – party cannot bind court to opinion of opponent’s expert – court entitled to make findings contrary to opinions of experts. |
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Delict – medical negligence – delay in transferring a patient to definitive care – whether medical practitioner’s conduct was negligent – whether negligence was causally linked to the amputation of the patient’s leg. |
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The hospital's negligent monitoring during labor caused a child's cerebral palsy, holding the defendant liable for damages.
Medical Negligence – Cerebral Palsy – Hospital's duty of care – Fetal distress and monitoring – Failure to intervene
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