Legal Clarity: Blow for Eastern Cape Department of Health as SCA overturns ‘saviour judgment’

2026-02-12 - 15:46

In a landmark decision, the Supreme Court of Appeal has reinstated lump sum damages for patients, but specifically for children harmed by medical negligence, highlighting the inadequacies of public health services in the Eastern Cape. The ruling has demolished one of the key strategies of the provincial health department to reduce the financial impact of medico-legal claims on the beleaguered department’s finances.