Medical negligence claims

With serious consequences for both the patient and their families, medical negligence is an area of Personal Injury Law, which is fast becoming more and more important in South Africa. The decline in the level of healthcare in South Africa is further contributing to malpractice. Every Healthcare Professional (whether it be a doctor or a hospital) owes a duty of care to their patients. This is monitored and overseen by the Health Professions Council of South Africa (HPCSA). A medical accident may be a breach of that duty, and if you’ve suffered an injury due to medical negligence, you might have a legitimate claim and may be granted compensation under the Law. As a patient, you’re entitled to reasonable care as well as informed consent – if those expectations aren’t met, the Personal Injury Attorneys at Simpsons can help you with your claim. We have strong relationships with medical experts to assist with proving your case. WHAT IS MEDICAL NEGLIGENCE? Medical negligence claims are defined by two categories, namely:
  • Economical damages; and
  • Non-economical damages
Economical damages include monetary expenses incurred due to lack of proper medical attention, and the resulting financial losses caused by this.
Non-economical damages can include the loss of a limb or the inability to lead a normal life as a result of an accident. Compensation in these cases will be determined by the court, based on extensive investigations pertaining to the losses and damages. WHEN CAN YOU CLAIM FOR MEDICAL NEGLIGENCE?
Each case for medical negligence is unique and a claim will be dependent on a number of important factors, such as:
  • The definition of medical negligence in terms of the Law
  • The severity of the injury
  • Whether the duty on the part of the medical practitioner was properly performed
  • Whether there was sub-standard care provided to a patient, where the patient suffered an injury or loss as a result
  • Whether the medical assistance provided was in line with the standards of good practice in South Africa
It is therefore vitally important to seek the proper professional legal advice before filing a claim for medical negligence.
HOW WILL I COVER THE LEGAL COSTS OF A MEDICAL NEGLIGENCE CLAIM? If you have a legitimate claim, our no win, no fee promise at Simpsons, means that you won’t pay a penny if your claim isn’t successful.
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