Medical Malpractice: Cerebral Palsy Cases In South Africa
As lord Denning MR observed in Hucks v Cole [1968] 118 New LJ at 469:
“With the best will in the world things sometimes went amiss in surgical operations or medical treatment. A doctor was not be held negligent because something went wrong. He was not liable for mischance or misadventure; or for an error of judgement. He was not liable for taking one choice out of two or for favouring one school rather than another. He was only liable when he fell below the standard of a reasonably competent practitioner in his field so much so that his conduct might be deserving of censure or inexcusable”
WHAT IS CEREBRAL PALSY (CP):
Cerebral palsy (CP) refers to a collection of conditions that impact an individual’s capacity to move, maintain balance, and control posture. The term “cerebral” pertains to the brain, while “palsy” signifies weakness or difficulties in muscle usage. CP arises from atypical brain development or damage during the brain’s growth stage, resulting in impaired muscle control. It is worth noting that CP is the prevalent motor disability experienced during childhood.
Cerebral palsy can occur during pregnancy (prenatal), during childbirth (perinatal) or in the first months of a baby’s life (postnatal).
RISK FACTORS FOR CEREBRAL PALSY IN BABIES:
- Gestational Hypertension
- Premature Birth
- Low Birth Weight
- Birth complications
- Infections during Pregnancy
- Sevvere untreated jaundice after birth
WHEN ARE HEALTHCARE PROFESSIONALS ARE DEEMED TO BE NEGLIGENT:
Healthcare providers can be deemed negligent if they fail to identify infections or abnormalities before childbirth, when they neglect to take appropriate action when the umbilical cord is entangled around the baby’s neck, when they do not perform a necessary Caesarean section when a foetal distress is detected, overlook signs of foetal distress, delay in inducing labour, when necessary, when they mishandle a breech birth, or exert excessive force while using forceps during delivery.
DO YOU HAVE A CLAIM?
Our team of medico-legal experts has a wealth of experience in handling such cases. We are fully equipped to evaluate your claim, gather the required evidence, and provide you with strong representation throughout the legal process. Our aim is to maximize your chances of obtaining the rightful compensation you deserve.
If you believe you have a potential medical negligence case against a hospital or healthcare provider in South Africa, contact N. KHATHIDE & ASSOCIATES for professional legal guidance and representation.
