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AI summary
The High Court dealt with a medical negligence claim arising from cerebral palsy allegedly linked to intrapartum hypoxic-ischaemic injury. It found that the applicant acquired the requisite knowledge on 25 October 2019 and that the personal claim had not prescribed. The Court also granted condonation for non-compliance with the statutory notice requirements and set conditions for further service.
This appears to concern section 3 notice and prescription issues in a medical negligence claim against a provincial health department.
Evidence from source
the applicant acquired the requisite knowledge when Dr Lewis’s report was available and explained to her on 25 October 2019.
Supports: The date on which the Court found the applicant acquired the requisite knowledge.
The personal debt has not prescribed. Condonation, conditions and leave to proceed
Supports: The Court’s finding on prescription and condonation.
condonation for service of the notice on the MEC rather than on the Head of Department.
Supports: The defect in service discussed by the Court.