In Practice

A child’s potential claim for negligent misdiagnosis: The case of H v Fetal Assessment Centre

Prinslean Mahery


South African law recognises a financial claim against a health provider for negligently failing to advise an expectant mother that she might give birth to a child suffering from a severe health condition or congenital disability. In December 2014, the Constitutional Court handed down a judgment that could lead to financial claims by the child, who was subsequently born with a severe health condition or disability. This judgment thus creates a framework to legally recognise a claim by a child whose current health condition was negligently misdiagnosed before birth. The contents and effects of the judgment are discussed in this article. 

Author's affiliations

Prinslean Mahery, Oliver Schreiner School of Law, University of the Witwatersrand, Johannesburg, South Africa

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Negigent misdiagnosis; Child; Financial claim; Fetal assessment

Cite this article

South African Medical Journal 2016;106(4):348-349. DOI:10.7196/SAMJ.2016.v106i4.9724

Article History

Date submitted: 2015-04-16
Date published: 2016-03-17

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