In December 2019, the Durban High Court rejected expert evidence attempting to introduce a third type of hypoxic ischemic injury as the basis for a damages claim by a child born with cerebral palsy.

A hypoxic ischemic event is caused by a lack of oxygen or a lack of blood flow in the brain which causes damage to the brain. It is generally accepted that hypoxic events can either be acute profound or partial prolonged in nature; the former occurs when there is a sudden and complete deprivation of oxygen while the latter denotes partial oxygen deprivation over a longer period of time.

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This was originally posted by Carol Holness and Deniro Pillay (Durban) on the Financial Institutions Legal Snapshot blog.