n South African Medical Journal - A child's potential claim for negligent misdiagnosis : the case of H v. Fetal Assesment Centre : in practice - medicine and the law
|Article Title||A child's potential claim for negligent misdiagnosis : the case of H v. Fetal Assesment Centre : in practice - medicine and the law|
|© Publisher:||Health and Medical Publishing Group (HMPG)|
|Journal||South African Medical Journal|
|Affiliations||1 University of the Witwatersrand|
|Publication Date||Apr 2016|
|Pages||348 - 349|
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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