A child’s potential claim for negligent misdiagnosis: The case of H v Fetal Assessment Centre
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.
Prinslean Mahery, Oliver Schreiner School of Law, University of the Witwatersrand, Johannesburg, South Africa
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Date published: 2016-03-17
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