MEC for Health, Eastern Cape v N H obo A

The respondent sued the MEC for Health, Eastern Cape, in her personal capacity and as guardian of her minor child, alleging that negligent medical treatment during a complicated labour at St Barnabas Hospital in May 2012 caused her child to suffer cerebral palsy. She also claimed personal damages for emotional shock. The action was instituted in April 2018. The appellant raised a special plea that the respondent’s personal claim had prescribed because she failed to give notice within six months as required by the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002. The respondent contended that she only acquired knowledge of the facts giving rise to her claim in February 2018, after consulting an attorney, as she had previously believed the child’s condition was an unavoidable consequence of childbirth.

The appeal was dismissed. There was no order as to costs.

The case reaffirms and clarifies the application of s 12(3) of the Prescription Act in medical negligence matters, confirming that prescription only commences when a claimant has sufficient factual knowledge to reasonably suspect fault and seek advice. It harmonises the jurisprudence in Links, Mtokonya and Loni, and underscores the protective approach towards vulnerable and lay claimants in professional negligence claims.