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.

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

The matter concerns a claim for damages arising from an incident in which the Plaintiff fell into an open manhole while walking along a pavement in Soweto.

South Africa Litigation

AA

Adams & Adams

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

In legal proceedings, the joinder of a third party can be a critical aspect, especially in cases where multiple parties may share liability.

South Africa Litigation

AA

Adams & Adams

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

Litigants wishing to use expert testimony in legal proceedings are required to either formally appoint expert witnesses or obtain court approval or consent from all parties involved, as outlined in the rules of court.

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

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

South Africa Litigation

E

ENS

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

South Africa Insurance

AA

Adams & Adams

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

South Africa Litigation

E

ENS

Fraud Risks, Prevention And Detection Strategies For The African Beer Brewing Industry

South Africa Commercial

E

ENS

Section 45 Of The Income Tax Act: The Tax-Free Shuffle Within Corporate Groups

South Africa Commercial

BI

Barnard Inc.

Trade Relations Between South Africa And The United State Of America

South Africa International

SG

SNG Grant Thornton

New Rules For Payment Providers: What You Need To Know About The Draft Directive On Payment Activities

South Africa Finance

E

ENS

The Statutory Provisions And Real-World Application Of Asset-For-Share Transactions Under Section 42 Of The Income Tax Act.

South Africa Tax

BI

Barnard Inc.

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?

The Supreme Court of Appeal ("SCA") recently delivered a judgment in a dispute that was initially heard by the Pretoria High Court. The application in the Pretoria High Court...

South Africa Litigation

E

ENS

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

The South African Police Service ("SAPS") has a legal duty to prevent, combat and investigate crime, to maintain public order, and to protect and secure the inhabitants of South Africa.

South Africa Criminal

E

ENS

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

A recent court ruling has held the Gauteng MEC for Health accountable for a case involving the amputation of a patient's leg.

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.

When Will Prescription Start Running? Commentary On The SCA Judgement

South Africa Litigation

BI

Barnard Inc.

The Three-Year Deadline – When Suspicion Becomes The Date, The Clock Starts Ticking

South Africa Litigation

SI

SchoemanLaw Inc.

Who Is Liable For A Dog Bite Injury

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

WK Construction (Pty) Ltd v Moores Rowland and Others (952 of 2020) [2022] ZASCA 44...

South Africa Litigation

BI

Barnard Inc.

The Three-Year Deadline – When Suspicion Becomes The Date, The Clock Starts Ticking

We have been aware of the period we refer to as prescription in law, where there is time barring on the ability to claim a debt.

South Africa Litigation

SI

SchoemanLaw Inc.

Who Is Liable For A Dog Bite Injury

Dog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises.

South Africa Litigation

AA

Adams & Adams

When Can You Sue Your Financial Adviser For Losses Sustained?

South Africa Finance

AA

Adams & Adams

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?

The Supreme Court of Appeal ("the SCA") handed down judgment in Meyers v MEC, Department of Health, Eastern Cape[1] which was delivered on 04 March 2020.

South Africa Litigation

CC

Clyde & Co

Lockdown Heightens Possibility Of Professional Negligence Claims Against Lawyers

It has now become ostensible that COVID-19 pandemic together with the restrictions imposed by governments around the world will affect everyone, every profession and business.

South Africa Litigation

AA

Adams & Adams

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

Since the commencement of the nation-wide lockdown, PRASA ceased all its operations. The country is now under Alert Level 3, as of 1 June 2020, and it has been announced by the Minister of Transport ...

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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