What Are My Rights and Obligations for Medical Negligence Compensation?

If you have been injured or have suffered damage as a result of the actions or lack thereof by healthcare professionals, you have the right to compensation for the damages suffered. However, you may also want answers on questions such as “what are my rights for medical negligence compensation?” To this end, we briefly provide answers, but recommend that you get in touch with our attorneys to help determine the merits of your case and to assist you in taking legal steps to seek recourse for the damages you have suffered or still experience.

What are my rights for medical negligence compensation related to an injury suffered a long time ago?

It depends on your particular case. Your chances for compensation are extremely slim if you have not taken steps to bring the incident to the attention of the Health Professions Council for South Africa (HPCSA) or have not taken legal steps against the relevant party within three years from the date of incident or date of which you have become aware of the particular issue. It is imperative to seek legal guidance as soon as possible, if you have suffered an injury as a result of the healthcare professional or institution’s actions or lack thereof.

What are my rights for medical negligence compensation if the injury has caused me to lose my income?

You are entitled to compensation for past and future medical costs, past and future loss of income, loss of amenities of life, and general damages for pain and suffering. As such, you can get compensation for the loss of earnings while recovering from the injury and for post-care if the injury sustained is permanent.

What are my rights for medical negligence compensation if my newborn child has suffered a brain injury as a result of incorrect procedures being followed?

You are the guardian or parent of the child. As such, you carry the cost of care. In addition, your enjoyment of life is affected by the injury of your child. It is possible that your child will need special care for the rest of his or her life. It can be an extremely expensive process to care for your child. You may have to care for your injured child full time or hire a professional to do so. As such, you have the right to seek compensation for the pain and suffering of your child, the past and future healthcare costs, and financial damages related to loss of income and special care. In this regard, we recommend consulting with our attorneys regarding the damages payable and process to follow to ensure that your child’s healthcare needs can be met.

Get in touch with our attorneys to answer your questions and to assist you in taking the required legal steps in seeking compensation for the damages suffered.

*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 – May 2019.

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