Understanding Medical Negligence Claims: What You Need to Know
Medical negligence occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm or injury to a patient. In South Africa, this is a significant issue that impacts many individuals annually. Understanding what constitutes medical negligence and the steps involved in filing a claim is essential for those seeking justice and compensation.
Medical practitioners cannot cure all illnesses or prevent all health issues from having negative outcomes, but they are legally required to adhere to accepted standards of practice and provide professional care that does not put patients at unnecessary risk.
The Test for Medical Negligence Claims
In South Africa, medical negligence is determined by whether a healthcare professional’s actions deviated from the accepted standards of medical practice. This deviation must directly cause harm to the patient, and the following elements will determine whether the patient has a claim:
- The healthcare provider must have owed legal duty to the patient.
- The provider must have breached their duty by failing to meet the required standard of care.
- The breach must have caused harm or injury to the patient.
- The patient must have suffered actual damages, whether physical, emotional, or financial.
Common Examples of Medical Negligence
Medical negligence can take various forms. Some of the most common examples include surgical errors, where a mistake is made during surgery. Surgical errors include operating on the wrong body part, leaving surgical instruments or swabs inside a patient, or performing unnecessary surgery.
Another common medical error is misdiagnoses, where a medical professional incorrectly diagnoses a patient, leading to incorrect or delayed treatment. Misdiagnosis can result in the progression of an untreated illness
or unnecessary treatments that may cause harm.
Medical professionals may make errors when prescribing, dispensing, or administering medication. Examples include giving the wrong medication, the incorrect dosage, or failing to check for adverse drug interactions.
Filing Medical Negligence Claims
Filing medical negligence claims in South Africa involves several important steps. The first and most crucial step is consulting with a qualified personal injury lawyer who specialises in medical negligence cases.
A personal injury lawyer will assist with the gathering of evidence that supports your claim. This includes obtaining medical records, soliciting opinions from medical experts, and any other evidence or documentation that demonstrates the healthcare provider’s breach of duty and the resulting harm.
Your personal injury lawyer will file your claim with the appropriate court, outlining the details of the case, including the nature of the negligence, the harm caused, and the compensation sought. Experienced lawyers will negotiate with the defendant or their insurance company to reach a fair settlement. Where a settlement cannot be reached, the case will proceed to trial. During the trial, both parties will present their evidence and arguments and the court will decide whether negligence occurred and, if so, the amount of compensation to be awarded.
The Importance of Consulting with a Personal Injury Lawyer
Navigating medical negligence claims can be legally complex. Briefing a personal injury lawyer with experience is essential. They will assess the strength of the claim and guide you through the legal process.
Personal injury lawyers have access to medical experts who will provide crucial medical testimony. Filing a claim requires careful documentation, expert testimony, and legal expertise. A personal injury lawyer manages the legal aspects, allowing the patient to focus on their recovery.
Experienced lawyers will maximise the compensation awarded in medical negligence claims and work to ensure that the patient receives fair compensation for their injuries.
Go with a Proven Track Record
At Simpsons Attorneys Inc., in Cape Town, we stand out for our commitment to providing expert legal guidance and support in medical negligence claims. Our personal injury department has built a strong reputation, successfully resolving hundreds of cases. Over the years, we have honed our skills and established expertise across all areas of personal injury.
We are known not only for our excellence but also for ensuring our clients receive the compensation they deserve. We are dedicated to achieving the best results for our clients, both in and out of court. We will ensure that you receive the best outcome and support possible. Contact the personal injury experts before making any decisions.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice and cannot be used to make any decisions. For advice on the topics of family law and divorce, contact us at Simpsons Attorneys Inc. The information is relevant as of the date of publishing.
