MEC for Health and Social Development, Gauteng Province v MM on behalf of OM

MM gave birth to her first child, OM, at Kalafong Hospital, a public hospital under the authority of the Gauteng MEC for Health and Social Development. MM was a high-risk patient due to prolonged rupture of membranes and HIV-positive status. During labour, foetal monitoring via cardiotocograph (CTG) was inadequately conducted, with warning signs of foetal distress allegedly missed and the CTG being disconnected for a significant period. OM was born with an acute profound hypoxic ischaemic brain injury, resulting in cerebral palsy. MM sued the MEC for damages, alleging negligence by hospital staff during labour and delivery.

The appeal was dismissed with costs, including the costs of two counsel. The MEC remained liable for the agreed or proven damages arising from OM’s injury.

The case reaffirms the principles governing medical negligence in South African delict law, particularly the evaluation of expert evidence, the standard of care expected in public hospitals, and causation based on probabilities rather than scientific certainty. It also confirms that public health authorities are liable for negligent conduct of hospital staff resulting in preventable birth injuries.