Settlement approval

M, H & Ors v Children, Youth and Women’s Health Service [2016] SADC 35 saw the approval of a medical negligence claim settlement.

A cranial and spinal ultrasound had disclosed a large infected dermoid cyst lying to the left of the spinal cord at the fifth cervical vertebra. A neurosurgeon failed to remove the cyst in surgery undertaken in 1998. Negligence was admitted on the basis of that omission.

The nature of the independent advice of counsel, to the court, was discussed at [12] – [14].