MEDICAL NEGLIGENCE CLAIMS

Medical Negligence Occurs when a patient takes their medical practitioner or hospital (or both) to court for compensation due to an act or acts of negligence incurred during their medical care. In terms of South African medical law, the injury suffered must be a direct result of the medical practitioner’s actions or lack thereof. If the medical practitioner followed the correct procedure and the patient suffered from unfavorable consequences, medical negligence cannot be claimed. In the case of unforeseen complications arising from unavoidable treatment, a medical practitioner cannot be held responsible. Also note that if a medical practitioner performed the treatment to the best of his abilities, he cannot be held responsible in case of complications arising from an unknown source. A patient also has a responsibility to be careful and cannot claim for negligence if the patient has not been meticulous in doing what he or she was instructed to do.

The following must be established in order to succeed in a claim for medical negligence

• The healthcare provider or hospital undertook a legal duty of care in respect of the patient;
• The legal obligation of the healthcare provider or hospital to provide a certain level of care and treatment was breached.

The “compensation” claim is divided into what are called heads of damages. These are:

• Past hospital and medical expenses
• Past loss of earnings
• Future hospital, medical and supplementary expenses
• Future loss of earnings and interference with earning capacity
• General damages, loss of amenities of life and disfigurement

In the event of the loss of a breadwinner, the funeral expenses as well as loss of support for dependents can be claimed.

If you need help with preparing and evaluating your medical negligence claim, our attorneys have the experience and know how you need to be successful in a claim of this nature. We will also advise you on the worthiness of your claim and if the necessary evidence can be provided in order to support your claim. We will also request all your medical records – medical history, treatments and prescribed medication from the hospital. We will then review all the evidence and send a letter of demand to the medical practitioner. Whether the matter goes to trial will depend on the response of the medical practitioner to the letter.