A recent judgment by the Mpumalanga Division of the High Court dismissed a medical negligence claim lodged against the
Mpumalanga Department Of Health relating to the birth and neurological condition of a minor child.
This is after the court in its ruling found no evidence of negligence on the part of the nurses, midwives or clinical staff who attended to the mother and the new-born.
The department states that the court confirmed that the department’s staff acted professionally, reasonably and in accordance with accepted medical standards.
“Importantly, the judgment reinforces a long-standing medical and legal principle: not every adverse medical outcome, including cerebral palsy or neurological disability, is caused by negligence. Many such conditions arise from underlying clinical factors such as low birth weight, HIV exposure, maternal obesity, intrauterine growth restriction and other antenatal complications,” reads a statement.
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The court also highlighted the importance of accurate clinical records, which played a pivotal role in demonstrating that no incident of falling, head trauma or negligent conduct occurred during delivery.
MEC for Health, Sasekani Manzini welcomed the judgment, stating that court’s clear findings are noted with appreciation.
“This judgment affirms that our healthcare workers continue to undertake their duties with professionalism and care, often under challenging conditions. It also strengthens our ongoing efforts to protect public resources by ensuring that only legitimate medico-legal claims succeed.”
Manzini added that the department remains committed to improving the quality of care in all facilities, strengthening clinical governance, and supporting our healthcare professionals so that they are able to provide safe and compassionate services to communities.
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“The department continues to invest in quality improvement, staff training and strengthened record-keeping systems to reduce avoidable harm and ensure accountability. At the same time, it will continue to robustly defend claims where evidence does not support negligence allegations,” said the MEC.
