Abstract

MAHERY, P. A child's potential claim for negligent misdiagnosis: The case of H v. Fetal Assesment Centre. SAMJ, S. Afr. med. j. [online]. 2016, vol.106, n.4, pp.348-349. ISSN 2078-5135.  http://dx.doi.org/10.7196/samj.2016v106i4.9724.

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.

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