South Africa: Professional Negligence

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

When Is Emotional Distress Sufficient To Ground A Claim For Damages?

Claims for damages arising from emotional shock are often pursued without a full appreciation of the legal requirements that must be satisfied for success.

South Africa Litigation

AA

Adams & Adams

"Positive" For Seven Years: The Human Cost Of An HIV Misdiagnosis

The High Court of Uganda, sitting at Jinja, delivered a noteworthy judgment in an HIV misdiagnosis and medical negligence case on 18 February 2026.

South Africa Litigation

AA

Adams & Adams

When Does A Business Rescue Practitioner Become Personally Liable For A Company's Debts?

In the realm of business rescue, where financially distressed companies are given an opportunity for rehabilitation, a critical question arises: when does the conduct of a business rescue practitioner cross the threshold...

South Africa Commercial

AA

Adams & Adams

Can A Party Rely On The Delegation Of A Duty To Escape Delictual Liability?

The South African Supreme Court of Appeal ("SCA") handed down judgment in Pick ‘n Pay Retailers (Pty) Ltd ("Pick ‘n Pay") v Williams and Another on 26 January 2026.

South Africa Litigation

E

ENS

Delictual Liability, Consumer Protection, And Public Policy: An SCA Turning Point

South Africa Insurance

AA

Adams & Adams

Sufficient Knowledge, Not Suspicion: Clarifying Prescription In Medical Malpractice Cases

South Africa Litigation

AA

Adams & Adams

Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

South Africa Litigation

E

ENS

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

South Africa Litigation

AA

Adams & Adams

Medical Negligence: A Doctor's Right To Decline Private Patients

South Africa Litigation

Beach Weather | Legal Marketing

Public Liability Claims: A Cautionary Tale On Public Infrastructure And Personal Vigilance

South Africa Litigation

AA

Adams & Adams

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

The Importance Of "Appreciable Help" In The Context Of Medical Negligence Claims

South Africa Litigation

FW

Fairbridges

The State v Peter Beale: Testing The Boundaries Of Criminal Law In The Context Of Medical Negligence

South Africa Criminal

FW

Fairbridges

Celebrity Endorsements – Misinformation Or Plausible Deniability?

South Africa Commercial

FW

Fairbridges

Cross-border Control Of South African Banks: Why Deals Succeed, Why They Stall And How To Get Them Over The Line

South Africa Finance

E

ENS

Pop-up Webinar | Revised COMESA Competition Regulations, Now In Force (Video)

South Africa Anti-trust

E

ENS

AI, Cybersecurity And Operational Resilience In Mining

South Africa Technology

E

ENS

Updates On COMESA Competition And Consumer Protection Antitrust Enforcement

South Africa Anti-trust

BF

BREMER LF WLL

Corporate Reputation Vindicated: High Court Grants Final Interdict Against Defamatory Social Media Campaign

South Africa Litigation

E

ENS

Running Into Liability: The Legal Duty Of Care In Running Events

South Africa boasts a vibrant running culture, with a wide array of organised races held throughout the year. The organisation of these events varies significantly...

South Africa Litigation

AA

Adams & Adams

The Unseen Shield: Foreseeability Of Damages In Delictual Claims

In the realm of delictual claims, the concept of foreseeability of damages is both fundamental and frequently underestimated.

South Africa Litigation

AA

Adams & Adams

Disclaimers In Action: How One Notice Changed The Outcome Of A Lawsuit

In a recent court case, the Johannesburg High Court delivered a judgment on 8 January 2025 pertaining to disclaimers. The case revolved around a delictual claim for damages by the plaintiff who sustained injuries.

South Africa Litigation

AA

Adams & Adams

Balancing The Duty Of Care With Patient Autonomy: A Patient's Right To Refuse Medical Treatment

A recent judgment handed down by the Eastern Cape Division of the High Court (East London Circuit Court) highlighted the nuances of alleged medical negligence...

South Africa Healthcare

FW

Fairbridges

When Does The Clock Start Running For Wrongful Pregnancy Claims?

South Africa Litigation

FW

Fairbridges

Oh Deer, Baby Reindeer: When Can You Say "This Is A True Story"?

South Africa Litigation

E

ENS

Negligence vs Gross Negligence Dilemma In Insurance Claims: Eyebrow Raising Finding By The Ombudsman

South Africa Insurance

AA

Adams & Adams

The Ticking Clock Of Justice: Understanding Prescription In Medical Malpractice Claims

South Africa Litigation

AA

Adams & Adams

Gauteng Deputy Judge President Critical Of The State Attorney's Handling Of A Case

South Africa Litigation

E

ENS

Can A Firearms Dealer Store Firearms For Another Dealer?

South Africa Litigation

E

ENS

Court Reminds South African Police Of Their Legal Duties During A Strike

South Africa Criminal

E

ENS

Lessons In Patient Care: Negligence And Accountability In The Gauteng Health System

South Africa Litigation

E

ENS

Should RAF Be Imposing A Requirement On Foreign Nationals To Produce Stamped Passports After Finalisation Of The Matter?

South Africa Litigation

AA

Adams & Adams

Grave Risks For Lawyers Relying On ChatGPT!

South Africa Litigation

AA

Adams & Adams

Court Reminds South African Police Of Their Legal Duties During A Strike

The South African Police Service ("SAPS") has a legal duty to prevent, combat and investigate crime, to maintain public order, and to protect and secure the inhabitants of South Africa.

South Africa Criminal

E

ENS

Lessons In Patient Care: Negligence And Accountability In The Gauteng Health System

A recent court ruling has held the Gauteng MEC for Health accountable for a case involving the amputation of a patient's leg.

South Africa Litigation

E

ENS

Should RAF Be Imposing A Requirement On Foreign Nationals To Produce Stamped Passports After Finalisation Of The Matter?

The Minister published an amendment to the Regulations on 27 May 2022 which replaced the RAF...

South Africa Litigation

AA

Adams & Adams

Grave Risks For Lawyers Relying On ChatGPT!

Development, growth, and advancement of artificial intelligence (AI) is progressing at a rapid speed.

South Africa Litigation

AA

Adams & Adams

Negligence vs Recklessness

South Africa Insurance

AA

Adams & Adams

When Will Prescription Start Running? Commentary On The SCA Judgement

WK Construction (Pty) Ltd v Moores Rowland and Others (952 of 2020) [2022] ZASCA 44...

South Africa Litigation

BI

Barnard Inc.

The Three-Year Deadline – When Suspicion Becomes The Date, The Clock Starts Ticking

We have been aware of the period we refer to as prescription in law, where there is time barring on the ability to claim a debt.

South Africa Litigation

SI

SchoemanLaw Inc.

Who Is Liable For A Dog Bite Injury

Dog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises.

South Africa Litigation

AA

Adams & Adams

When Can You Sue Your Financial Adviser For Losses Sustained?

Thousands of South Africans place their trust in financial advisers to professionally manage their money and their futures.

South Africa Finance

AA

Adams & Adams

When Does A Debt Prescribe?

South Africa Litigation

E

ENS

Possible Demotivating Factors For COVID-19-Linked Medical Negligence/Malpractice Cases

South Africa Litigation

AA

Adams & Adams

Elements Of Medical Malpractice Due To COVID-19

South Africa Healthcare

AA

Adams & Adams

The Fine Line Between Negligence And Poor Performance

South Africa Litigation

SI

SchoemanLaw Inc.

Will Medical Malpractice/Negligence Cases Spike Post The COVID-19 Storm?

South Africa Coronavirus

AA

Adams & Adams

Has The South African SCA Imported The Res Ipsa Loquitur Maxim Into Medical Negligence Cases?

South Africa Litigation

CC

Clyde & Co

Lockdown Heightens Possibility Of Professional Negligence Claims Against Lawyers

South Africa Litigation

AA

Adams & Adams

PRASA Non-Resumption Of Operations: Legal Fundamentals Not To Be Disregarded

South Africa Coronavirus

AA

Adams & Adams

Negligence Claims Amid The Initiatives To Curb COVID-19 Crisis

South Africa Coronavirus

AA

Adams & Adams

Botched Medical Procedure? Here's What To Do.

South Africa Litigation

AA

Adams & Adams

The Sapling And The Fallen Tree

South Africa Insurance

CC

Clyde & Co

Professional Supervision Services: Negligent And Gratuitous Services

South Africa Litigation

CC

Clyde & Co

The Trouble With Oppelt And The Treatment Of Evidence In Medical Negligence Matters

South Africa Healthcare

CC

Clyde & Co

Professional Negligence

South Africa Litigation

AA

Adams & Adams

Mistakes Are Not Always Negligent

South Africa Litigation

WW

Webber Wentzel

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