LME3701
Assignment 2 Semester 1 2026
Unique number:
Due date: April 2026
TABLE OF CONTENTS
HISTORICAL APPROACH .................................................................... 3
Historical Development and Reform of Civil Medical Negligence Claims in
South African Public Healthcare .......................................................... 3
COMPARATIVE APROACH ................................................................ 19
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand .................................................................... 19
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
,TABLE OF CONTENTS
HISTORICAL APPROACH.....................................................................3
Historical Development and Reform of Civil Medical Negligence Claims
in South African Public Healthcare .......................................................3
COMPARATIVE APROACH ................................................................ 19
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand .....................................................................19
, HISTORICAL APPROACH
Historical Development and Reform of Civil Medical Negligence Claims in
South African Public Healthcare
1. Introduction
Medical negligence litigation has become one of the most pressing challenges facing
the South African public healthcare system. Over the past two decades, civil claims
for damages arising from negligent medical treatment in state hospitals have
increased dramatically, placing significant financial strain on provincial health
departments and raising concerns about sustainability.1 At the same time, patients
who suffer harm due to substandard medical care seek constitutional vindication of
their rights to dignity, life, bodily integrity and access to health care services.2
Historically, South African medical negligence law developed through common-law
principles of delict, particularly fault, wrongfulness, causation and damage.3 The
courts have refined these principles in landmark decisions such as Kruger v
Coetzee4 and Castell v De Greef,5 shaping the modern test for negligence and
expert evidence in medical cases. More recently, the surge in medico-legal claims
prompted investigation by the South African Law Reform Commission, which
published Issue Paper 33 and Discussion Paper 152 examining systemic causes
and possible reforms.6
This study focuses specifically on the historical development of civil medical
negligence claims in South Africa, from foundational delictual principles to
contemporary constitutional and policy considerations. It will examine how judicial
interpretation, legislation and law reform initiatives have contributed to the current
crisis and whether proposed reforms, such as health courts or compulsory
mediation, align with constitutional imperatives.
1
South African Law Reform Commission, Issue Paper 33: Medico-Legal Claims (Project 141, 2017).
2
Constitution of the Republic of South Africa, 1996 ss 10, 11, 12(2), 27.
3
J Neethling and J Potgieter, Law of Delict (8th edn, LexisNexis 2020).
4
Kruger v Coetzee 1966 (2) SA 428 (A).
5
Castell v De Greef 1994 (4) SA 408 (C).
6
South African Law Reform Commission, Discussion Paper 152: Medico-Legal Claims (Project 141,
2021).
Assignment 2 Semester 1 2026
Unique number:
Due date: April 2026
TABLE OF CONTENTS
HISTORICAL APPROACH .................................................................... 3
Historical Development and Reform of Civil Medical Negligence Claims in
South African Public Healthcare .......................................................... 3
COMPARATIVE APROACH ................................................................ 19
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand .................................................................... 19
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
,TABLE OF CONTENTS
HISTORICAL APPROACH.....................................................................3
Historical Development and Reform of Civil Medical Negligence Claims
in South African Public Healthcare .......................................................3
COMPARATIVE APROACH ................................................................ 19
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand .....................................................................19
, HISTORICAL APPROACH
Historical Development and Reform of Civil Medical Negligence Claims in
South African Public Healthcare
1. Introduction
Medical negligence litigation has become one of the most pressing challenges facing
the South African public healthcare system. Over the past two decades, civil claims
for damages arising from negligent medical treatment in state hospitals have
increased dramatically, placing significant financial strain on provincial health
departments and raising concerns about sustainability.1 At the same time, patients
who suffer harm due to substandard medical care seek constitutional vindication of
their rights to dignity, life, bodily integrity and access to health care services.2
Historically, South African medical negligence law developed through common-law
principles of delict, particularly fault, wrongfulness, causation and damage.3 The
courts have refined these principles in landmark decisions such as Kruger v
Coetzee4 and Castell v De Greef,5 shaping the modern test for negligence and
expert evidence in medical cases. More recently, the surge in medico-legal claims
prompted investigation by the South African Law Reform Commission, which
published Issue Paper 33 and Discussion Paper 152 examining systemic causes
and possible reforms.6
This study focuses specifically on the historical development of civil medical
negligence claims in South Africa, from foundational delictual principles to
contemporary constitutional and policy considerations. It will examine how judicial
interpretation, legislation and law reform initiatives have contributed to the current
crisis and whether proposed reforms, such as health courts or compulsory
mediation, align with constitutional imperatives.
1
South African Law Reform Commission, Issue Paper 33: Medico-Legal Claims (Project 141, 2017).
2
Constitution of the Republic of South Africa, 1996 ss 10, 11, 12(2), 27.
3
J Neethling and J Potgieter, Law of Delict (8th edn, LexisNexis 2020).
4
Kruger v Coetzee 1966 (2) SA 428 (A).
5
Castell v De Greef 1994 (4) SA 408 (C).
6
South African Law Reform Commission, Discussion Paper 152: Medico-Legal Claims (Project 141,
2021).
