HAL obo MML v MEC for Health, Free State

The appellant, HAL, acting on behalf of her minor son MML, sued the MEC for Health, Free State, alleging that negligent intrapartum care at Thebe Hospital in May 2005 caused MML to suffer hypoxic ischaemic encephalopathy resulting in cerebral palsy. MML was born by normal vaginal delivery with recorded Apgar scores of 7 and 8. No immediate complications were noted at birth or discharge. Years later, neurological regression became apparent and an MRI in 2014 showed a partial prolonged hypoxic injury. Key maternity and obstetric records were missing, and the case relied on limited hospital records, expert opinions, and the appellant’s testimony.

The appeal was dismissed with costs, including the costs of two counsel.

The case reaffirms the evidentiary burden on plaintiffs in medical negligence claims, particularly in cerebral palsy litigation. It clarifies that missing medical records do not automatically justify adverse inferences and that expert opinions must be grounded in reliable facts. The judgment underscores the distinction between agreement on expert opinion and agreement on facts.