Magqeya v Member of the Executive Council for Health, Eastern Cape

The appellant, Ms Apiwe Magqeya, sued the MEC for Health, Eastern Cape, on behalf of her minor child, Kwanga Magqeya, for delictual damages arising from severe cerebral palsy. Kwanga suffered an acute profound hypoxic ischaemic brain injury during labour at All Saints Hospital, a level one state hospital, in May 2010. It was common cause that hospital staff failed to monitor Ms Magqeya adequately during prolonged periods of labour and that medical records, including the partogram and Apgar scores, were materially altered and falsified. Expert evidence established that the child’s cerebral palsy resulted from an acute profound hypoxic ischaemic event occurring intrapartum. The High Court dismissed the claim on the basis that negligence and causation were not proven. Ms Magqeya appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the High Court’s dismissal of the claim was upheld.

The case is significant for clarifying the limits of delictual liability in medical negligence claims involving acute hypoxic ischaemic injuries during labour. It affirms that negligent conduct and substandard care do not automatically establish liability without proof of factual causation. The judgment also strongly condemns the falsification of medical records and provides important guidance on the admissibility and evidential treatment of altered hospital records under the Law of Evidence Amendment Act.