MEC for Health, Western Cape v Qole

A baby, Iminathinkosi Qole, was born at Paarl Hospital on 7 December 2011 with severe brain damage manifesting as spastic quadriplegic cerebral palsy. Her mother sued the MEC for Health, Western Cape, alleging negligent antenatal and intrapartum care by state medical staff, including mismanagement of a urinary tract infection, failure to act on non-reactive non‑stress tests, failure to timeously perform a caesarean section, poor monitoring during labour, and inadequate post‑delivery care. The High Court found the MEC liable for 100% of the damages. The MEC appealed, disputing negligence and, in particular, causation.

The appeal was upheld with costs, including the costs of two counsel. The High Court’s order was set aside and replaced with an order dismissing the plaintiff’s claim with costs.

The case is a leading authority on causation and the evaluation of expert evidence in medical negligence claims in South African law. It confirms that proof of substandard care alone is insufficient without proof that such negligence caused the harm, and that courts must assess expert opinions based on their logical reasoning rather than sympathy or speculative inference.