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South Africa

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No case for sub-threshold hypoxic ischemic injury in cerebral palsy claims

Photo of Carol Holness (ZA)Photo of Deniro Pillay
By Carol Holness (ZA) & Deniro Pillay on January 23, 2020

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.…

South Africa: Covering doctors have an immediate legal duty of care to patients

Photo of Deniro Pillay
By Deniro Pillay on October 2, 2018

A doctor who covers for a colleague has an immediate legal duty to care for his colleague’s patients whilst on call.

This was recently confirmed by the Supreme Court of Appeal in South Africa in a case where a doctor…

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Informed consent principles in the UK

Photo of Yash Naidoo
By Yash Naidoo on July 17, 2018

The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims.

A woman had been suffering painful, heavy periods and lower back pain, for which she sought medical advice. After…

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