Are You a Victim of Medical Malpractice in South Africa?

Medical malpractice claims are on the increase in South Africa. Factors ranging from a shortage of healthcare professionals to poor-quality training, lack of professional integrity, and more contribute to the increase in negligence claims. Progressively, more patients are taking notice of their rights to a reasonable standard of care.

However, news reports with titles about medical malpractice make headlines daily. A bleak picture indeed. Medical malpractice lawsuits are becoming more complex and experts are often called upon to determine whether a reasonable standard of care was given and whether another doctor with the same level of training would have followed a similar procedure.

Patients rarely know how to start legal action against healthcare professionals and hospitals. It is important to take legal steps against the right party, as a claim could go unpaid because the wrong party was held accountable.

If you or your child have suffered injuries as the result of the actions or lack thereof by a health professional, seek legal guidance. Keep receipts and write down the names of the professionals that treated you. List the events leading up to and after the injuries. Armed with the information, get in touch with our legal team to assess the merits of your case.

For it to be medical malpractice, you must have suffered injuries and damages as the result of the treatment or lack thereof. There must have been a healthcare professional and patient relationship. The healthcare professional must have failed in providing a reasonable standard of care that can be expected in the particular situation and facility.

In the instance of a misdiagnosis, consider the severity of the injuries suffered. If the misdiagnosis did not cause injury and suffering, then it is not considered malpractice. Mistakes are made, but when those mistakes cause you to suffer injuries and damages, the negligence of the professional becomes malpractice.

You have the right to compensation for the injuries suffered, including past and future medical costs, past and future loss of earnings, pain and suffering, and loss of life amenities.

Take the first step towards receiving compensation for the injuries and damages. Get in touch with our attorneys to help you determine the merits of your medical malpractice claim.

*This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant as at the date of publishing – October 2019.

Additional sources:

https://www.medicalprotection.org/docs/default-source/pdfs/casebook-pdfs/south-africa-casebook-pdfs/sa-casebook-1-july-2017.pdf?sfvrsn=6

http://www.capetalk.co.za/articles/341861/holding-health-care-professionals-accountable-for-negligence-and-misdiagnosis

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