A PIETERMARITZBURG High Court judge has overturned a previous dismissal of a medical negligence claim related to childbirth, following an appeal brought by the curator ad litem for a minor child.
The case highlights serious allegations of negligent management during the mother's labour, resulting in severe medical conditions for the child.
According to the judgment, Advocate Chamelle Jaipal, acting as the curator ad litem for a minor child referred to as “E,” brought the appeal following the mother’s death. The appeal was against the ruling handed down by a Durban High Court judge.
The respondent in the matter is the KwaZulu-Natal MEC for Health.
The appeal was set against the backdrop of a case regarding the child's delivery on July 21, 2011, where allegations of negligent management during the mother’s labour were at the core of the claim.
