MEDICAL NEGLIGENCE IN SOUTH AFRICA
Your Preferred Legal Partner In Medical Malpractice Claims In South Africa
WHAT DO MEDICAL NEGLIGENCE CLAIMS ENTAIL IN SOUTH AFRICA?
Medical negligence or also commonly referred to as Medical malpractice occurs when a medical entity, medical professional or healthcare practitioner, through their wrongful action or omission, deviates from administering the proper care as upheld in their profession and, by doing so, causes injury to a patient in their care. Medical negligence could arise from an incorrect diagnosis, treatment, aftercare or general health management. Medical practitioners, hospitals and healthcare professionals in South Africa are bound by law to uphold and adhere to accepted standards of practice and provide professional care that doesn’t put patients at any risk.
If you feel that your rights to proper care were violated or you are a victim of medical malpractice, you can claim damages. At this stage, it is important to consult with an experienced medical negligence lawyer whereby they can assist you in instituting a civil case in the Magistrate’s Court or the High Court to claim for damages suffered.
Depending on the medical malpractice matter, patients can claim damages or sue a doctor or healthcare practitioner directly; or sue the hospital in question and or the State. In the latter case, the hospital and State may be held accountable/liable for the misconduct/malpractice by offending doctors, nurses, hospital administrators or other personnel.
WHAT QUALIFIES AS MEDICAL NEGLIGENCE & MEDICAL MALPRACTICE IN SOUTH AFRICA?
Examples of Medical Negligence or misconduct include:
Formulating an incorrect diagnosis or inappropriate treatment of a condition;
Misinterpretation of test and laboratory results;
Errors during surgery (leaving medical instruments in the body during a procedure, damaging organs or tissues, operating on the incorrect side of the body, etc.)
Administering the incorrect type or dosage of medication;
Failure of nursing staff to communicate new symptoms, complaints or concerns to doctors and other medical professionals;
Delayed birth, particularly where a Caesarean section was indicated, resulting in cerebral palsy.
HOW IS A VALID MEDICAL NEGLIGENCE CLAIM DETERMINED IN SOUTH AFRICA?
Medical misconduct in South Africa must be proven. Medical negligence claims are often successful when patients or their respective legal team can show that the medical professional, entity or healthcare professional failed in the following areas:
The healthcare provider or hospital undertook the legal duty of care in respect of the patient when entering their premises.
The healthcare provider or hospital had a legal obligation to administer a certain level of care and treatment, which was breached.
The above-mentioned breach resulted in a direct injury to the patient.
The injury sustained by the patient resulted in a financial and or emotional loss for the patient.
PM Attorneys boast extensive experience, knowledge and years in practice, making us the preferred legal partner in South African Law. Contact us for professional, expert advice and effective legal solutions to your medical malpractice matters.
