McGregor and Another v MEC for Health, Western Cape

On 23 August 2011 Mr McGregor brought his six-year-old son, Justin, to the Trauma Unit at Red Cross Memorial Hospital after a head injury. Justin’s vital signs were normal and he was alert and responsive. Dr Horn, the duty registrar, examined him, diagnosed a minor head injury described as a ‘bump on the head’, and discharged him with instructions to monitor his condition. Later that night Justin deteriorated, and when he was returned to hospital in the early hours of 24 August 2011 a CT scan revealed a skull fracture and an extradural haematoma. Despite emergency surgery, Justin suffered severe and permanent brain injury resulting in cerebral palsy and spastic quadriplegia. His parents sued the MEC for Health, Western Cape, alleging negligence by Dr Horn in failing to order a CT scan, failing to observe Justin further, and failing to give adequate discharge instructions. The High Court dismissed the claim, and the parents appealed to the Supreme Court of Appeal.

The appeal was dismissed and the order of the Western Cape High Court dismissing the claims against the MEC for Health was upheld.

The case is significant for its detailed restatement of South African principles governing medical negligence, the standard of care, and the evaluation of expert evidence. It reinforces the deference appellate courts give to trial courts’ factual and credibility findings, clarifies the application of the ‘reasonable body of medical opinion’ test, and provides important guidance on the duties, preparation, and proper role of expert witnesses in civil litigation.