LME3701
Assignment 2 Semester 1 2026
Unique number:
Due Date: April 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
, TABLE OF CONTENTS
HISTORICAL APPROACH.....................................................................3
Historical Development and Reform of Civil Medical Negligence Claims
in South African Public Healthcare .......................................................3
COMPARATIVE APROACH .................. Error! Bookmark not defined.
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand ....................... Error! Bookmark not defined.
© Study Shack 2026. All rights Reserved +27 81 278 3372
, 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).
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 2 Semester 1 2026
Unique number:
Due Date: April 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
, TABLE OF CONTENTS
HISTORICAL APPROACH.....................................................................3
Historical Development and Reform of Civil Medical Negligence Claims
in South African Public Healthcare .......................................................3
COMPARATIVE APROACH .................. Error! Bookmark not defined.
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand ....................... Error! Bookmark not defined.
© Study Shack 2026. All rights Reserved +27 81 278 3372
, 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).
© Study Shack 2026. All rights Reserved +27 81 278 3372
