South Africa: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Sufficient Knowledge, Not Suspicion: Clarifying Prescription In Medical Malpractice Cases

The recent Eastern Cape Division of the High Court judgment in N[…] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies...

South Africa Litigation

AA

Adams & Adams

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

When a judge confronts perceived irregularities in settled litigation, how far may the judge go without crossing the line into professional misconduct?

South Africa Litigation

E

ENS

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

A recent U.S. federal court decision underscores the power of exclusion clauses in commercial general liability policies—particularly those involving firearms.

South Africa Litigation

AA

Adams & Adams

Medical Negligence: A Doctor's Right To Decline Private Patients

A recent High Court ruling (Welkovics v Health Professional Council of South Africa (A274/2024) [2025]) has clarified that doctors are not legally or ethically obligated to accept every private patient seeking care particularly where no immediate medical emergency exists.

South Africa Litigation

Beach Weather | Legal Marketing

Public Liability Claims: A Cautionary Tale On Public Infrastructure And Personal Vigilance

South Africa Litigation

AA

Adams & Adams

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

The Importance Of "Appreciable Help" In The Context Of Medical Negligence Claims

South Africa Litigation

FW

Fairbridges Wertheim Becker

The State v Peter Beale: Testing The Boundaries Of Criminal Law In The Context Of Medical Negligence

South Africa Criminal

FW

Fairbridges Wertheim Becker

Celebrity Endorsements – Misinformation Or Plausible Deniability?

South Africa Commercial

FW

Fairbridges Wertheim Becker

Running Into Liability: The Legal Duty Of Care In Running Events

South Africa Litigation

AA

Adams & Adams

The Unseen Shield: Foreseeability Of Damages In Delictual Claims

South Africa Litigation

AA

Adams & Adams

Disclaimers In Action: How One Notice Changed The Outcome Of A Lawsuit

South Africa Litigation

AA

Adams & Adams

Balancing The Duty Of Care With Patient Autonomy: A Patient's Right To Refuse Medical Treatment

South Africa Healthcare

FW

Fairbridges Wertheim Becker

When Does The Clock Start Running For Wrongful Pregnancy Claims?

South Africa Litigation

FW

Fairbridges Wertheim Becker

From Compliance To Consequence: Decoding King V's New Mandate For Corporate Stewardship

South Africa Commercial

Ai

Andersen in South Africa

SARB Introduces New Exchange Control Tax Compliance Requirements For Dividend Remittances To Non-residents

South Africa Tax

WW

Webber Wentzel

When And How To Use Non-solicit And Non-compete Clauses In IT Contracts In South Africa

South Africa Employment

E

ENS

SARB's Amended Authorisation Framework: Closing The Loop On Closed Loop And TPPPs

South Africa Finance

E

ENS

SCA Upholds City Of Cape Town's Discretion In Rezoning Dispute

South Africa Real Estate

E

ENS

Oh Deer, Baby Reindeer: When Can You Say "This Is A True Story"?

Baby Reindeer, a popular Netflix show released in April 2024, tells the allegedly true story of Scottish comedian Richard Gadd being stalked by an older Scottish woman, Martha.

South Africa Litigation

E

ENS

Negligence vs Gross Negligence Dilemma In Insurance Claims: Eyebrow Raising Finding By The Ombudsman

The law draws a distinction between "negligent conduct" and "grossly negligent conduct". Grossly negligent conduct is synonymous with reckless conduct.

South Africa Insurance

AA

Adams & Adams

Gauteng Deputy Judge President Critical Of The State Attorney's Handling Of A Case

In Halstead v MEC for Public Transport and Road Infrastructure of Gauteng, the Deputy Judge President ("DJP") of the Gauteng Division of the High Court of South Africa (Johannesburg) was tasked with dealing...

South Africa Litigation

E

ENS

The Ticking Clock Of Justice: Understanding Prescription In Medical Malpractice Claims

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time.

South Africa Litigation

AA

Adams & Adams

Can A Firearms Dealer Store Firearms For Another Dealer?

South Africa Litigation

E

ENS

Court Reminds South African Police Of Their Legal Duties During A Strike

South Africa Criminal

E

ENS

Lessons In Patient Care: Negligence And Accountability In The Gauteng Health System

South Africa Litigation

E

ENS

Should RAF Be Imposing A Requirement On Foreign Nationals To Produce Stamped Passports After Finalisation Of The Matter?

South Africa Litigation

AA

Adams & Adams

Grave Risks For Lawyers Relying On ChatGPT!

South Africa Litigation

AA

Adams & Adams

Negligence vs Recklessness

South Africa Insurance

AA

Adams & Adams

Festive Accidents & RAF Claims: Not Every Road Accident Loss Can Be Recovered From The RAF

South Africa Litigation

AA

Adams & Adams

Impact Of Loadshedding On Medical Negligence Cases

South Africa Healthcare

AA

Adams & Adams

Legal Duty Of Care Owed By Taverns To Customers

South Africa Litigation

AA

Adams & Adams

Discussion Of Recent Caselaw Pertaining To A Slip-and-fall Incident In A Local Supermarket In Gqeberha

South Africa Litigation

BI

Barnard Inc.

Festive Accidents & RAF Claims: Not Every Road Accident Loss Can Be Recovered From The RAF

It is that time of the year where there is ordinarily a worrying rise in motor vehicle accidents. As expected, road accidents awareness campaigns by the Department of Transport and other relevant agencies are in full swing.

South Africa Litigation

AA

Adams & Adams

Impact Of Loadshedding On Medical Negligence Cases

Eskom, the country's only public power utility, is seriously battling to meet the electricity power demands of the population, and this is likely to have catastrophic consequences for the healthcare system.

South Africa Healthcare

AA

Adams & Adams

Legal Duty Of Care Owed By Taverns To Customers

Most taverns are notoriously known for their unsafety and violent activities. Serious assaults, bar fights, and sometimes deaths are not necessarily unheard of in taverns. Most societies have come...

South Africa Litigation

AA

Adams & Adams

Discussion Of Recent Caselaw Pertaining To A Slip-and-fall Incident In A Local Supermarket In Gqeberha

In this article, the recent caselaw of Caymore Melissa Pete v Boxer Superstore (Pty) Ltd will be discussed. In this matter, Mrs Pete slipped over cake flour at her local Boxer Supermarket...

South Africa Litigation

BI

Barnard Inc.

When Will Prescription Start Running? Commentary On The SCA Judgement

South Africa Litigation

BI

Barnard Inc.

Possible Demotivating Factors For COVID-19-Linked Medical Negligence/Malpractice Cases

During the first wave of infections in South Africa, there were several allegations of negligence in various institutions leading to "mass infections"...

South Africa Litigation

AA

Adams & Adams

Elements Of Medical Malpractice Due To COVID-19

The misdiagnoses of COVID-19 patients is likely to be responsible for a possible rise in medical malpractice legal cases, whereby the number of these cases may increase in the foreseeable future.

South Africa Healthcare

AA

Adams & Adams

The Fine Line Between Negligence And Poor Performance

Gross negligence is a form of misconduct that allows for summary dismissal if found guilty.

South Africa Litigation

SI

SchoemanLaw Inc.

Will Medical Malpractice/Negligence Cases Spike Post The COVID-19 Storm?

Medical malpractice/negligence cases in South Africa are rife, with our courts facing a large amount of such cases daily.

South Africa Coronavirus

AA

Adams & Adams

Has The South African SCA Imported The Res Ipsa Loquitur Maxim Into Medical Negligence Cases?

South Africa Litigation

CC

Clyde & Co

Lockdown Heightens Possibility Of Professional Negligence Claims Against Lawyers

South Africa Litigation

AA

Adams & Adams

PRASA Non-Resumption Of Operations: Legal Fundamentals Not To Be Disregarded

South Africa Coronavirus

AA

Adams & Adams

Negligence Claims Amid The Initiatives To Curb COVID-19 Crisis

South Africa Coronavirus

AA

Adams & Adams

Botched Medical Procedure? Here's What To Do.

South Africa Litigation

AA

Adams & Adams

The Sapling And The Fallen Tree

South Africa Insurance

CC

Clyde & Co

Professional Supervision Services: Negligent And Gratuitous Services

South Africa Litigation

CC

Clyde & Co

The Trouble With Oppelt And The Treatment Of Evidence In Medical Negligence Matters

South Africa Healthcare

CC

Clyde & Co

Professional Negligence

South Africa Litigation

AA

Adams & Adams

Mistakes Are Not Always Negligent

South Africa Litigation

WW

Webber Wentzel

The Personal Financial Interests Of Directors

South Africa Commercial

CA

Cox Attorneys

To Sue In Contract Or In Delict?

South Africa Litigation

RM

Routledge Modise

Companies Bill 2008 – Directors And Officers Insurance – Almost Right At Last!

South Africa Commercial

NR

Norton Rose Fulbright South Africa

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