A July 2025 High Court judgment found the defendant liable for medical negligence after the claimant’s child was born with brain damage. The court held the defendant responsible because the hospital staff failed to perform a caesarean section in a timely manner and improperly administered oxytocin during labour, resulting in the child suffering hypoxic ischaemic asphyxia and cerebral palsy. The court found that these failures amounted to substandard care and a breach of the required medical guidelines, directly causing the child’s injuries.
The claimant, acting on behalf of her minor child, brought the action against the defendant on the basis that the nursing and medical staff at the hospital did not act with the necessary care and skill during the delivery.
Expert evidence established that the foetus was deprived of oxygen for a prolonged period due to inadequate monitoring and inappropriate medical intervention. The experts agreed that the administration of oxytocin was contraindicated and that the failure to diagnose and respond to foetal distress in accordance with the Maternity Guidelines led to the child’s brain injury.
The court accepted the claimant’s evidence and the supporting expert testimony, concluding that the defendant’s staff failed to follow established protocols and did not act as reasonable medical professionals would have under the circumstances. The judge noted that the warning signs of foetal distress were not properly managed and that an expedited caesarean section would have prevented the harm.
As a result, the defendant was ordered to pay 100% of the proven or agreed damages to the claimant.
NK obo NR v MEC for Health, Free State (4852/2016) [2025] ZAFSHC 225 (31 July 2025)