The Member of the Executive Council, Department of Health, North West Province v NAM obo TN

The respondent, NAM, instituted a delictual damages claim on behalf of her minor child, TN, against the MEC for Health, North West Province, alleging medical negligence by nursing staff at Makgobistad Clinic during and after TN’s birth on 17 December 2003. The clinic was allegedly closed when the plaintiff arrived in labour, resulting in TN being delivered unmonitored in a vehicle outside the clinic. TN did not cry or breathe initially and was resuscitated only after nursing staff arrived. TN was discharged the same day and appeared normal, but was diagnosed with cerebral palsy at six months. The plaintiff alleged that negligent failure to monitor labour, administer oxygen, provide proper neonatal care, and refer TN for specialist treatment caused hypoxic‑ischaemic injury leading to cerebral palsy. Most maternity and clinic records were lost.

Condonation for the late filing of the appeal record was granted. The appeal was upheld. The Full Court’s order was set aside and replaced with an order dismissing the plaintiff’s appeal. Each party was ordered to pay its own costs.

The case reaffirms the evidentiary burden on plaintiffs in medical negligence claims, particularly the need to establish both negligence and the applicable standard of care for professionals at a specific level of healthcare. It underscores that adverse outcomes alone do not establish negligence and highlights the importance of expert evidence tailored to the actual competence and training of clinic‑level nursing staff. The judgment also addresses fairness in costs where medical records are lost by public healthcare institutions.