Medical Negligence Claims: What Are My Legal Rights and Options?

Understanding Medical Negligence in South Africa

Medical negligence occurs when a healthcare professional or institution fails to provide adequate care, resulting in harm, injury, or even death. In South Africa, patients have the right to seek compensation if they suffer due to medical errors, misdiagnosis, surgical mistakes, or inadequate treatment.

What Constitutes Medical Negligence?

To establish a medical negligence claim, you must prove that:

  1. A Duty of Care Existed – The healthcare provider had a professional obligation to provide medical care.
  2. Breach of Duty Occurred – The provider failed to meet the accepted standard of care.
  3. Causation – The breach directly resulted in harm or injury.
  4. Damages Were Suffered – Physical, emotional, or financial losses occurred due to negligence.

Common Types of Medical Negligence Cases

At PM Attorneys, we handle various medical negligence claims, including:

  • Misdiagnosis or Delayed Diagnosis – Failure to detect illnesses like cancer, leading to worsened health conditions.
  • Surgical Errors – Wrong-site surgeries, anesthesia mistakes, or foreign objects left inside the body.
  • Birth Injuries – Negligence during childbirth causing harm to the baby or mother.
  • Medication Errors – Incorrect prescriptions, dosage mistakes, or allergic reactions due to negligence.
  • Hospital Negligence – Poor hygiene, inadequate staffing, or failure to monitor patients properly.

How to Claim for Medical Negligence

Filing a medical negligence claim requires strong evidence and a well-prepared legal strategy. The process includes:

1. Gathering Evidence

To build a strong case, you will need:

  • Medical records and test results
  • Expert opinions from medical professionals
  • Witness statements
  • Proof of financial losses (e.g., medical bills, lost wages)

2. Determining Compensation

Compensation in medical negligence claims may cover:

  • Medical expenses (past and future treatment costs)
  • Loss of income (due to inability to work)
  • Pain and suffering (for emotional and physical trauma)
  • Loss of support (for dependents of deceased patients)

3. Filing a Lawsuit

Claims must be filed within three years from the date of the incident. In cases involving minors, the time frame extends until they turn 18 years old.

Why Do I Need a Medical Negligence Lawyer?

Navigating a medical negligence case can be complex, requiring expert legal assistance. At PM Attorneys, we:

  • Provide free initial consultations to assess your case.
  • Work with medical experts to strengthen claims.
  • Handle negotiations to ensure maximum compensation.
  • Represent clients in court if needed.

If you or a loved one has suffered due to medical negligence, you deserve justice. Contact PM Attorneys today for expert legal guidance and representation in your claim.

We fight for your rights and ensure you receive the compensation you deserve!