Malpractice Claims
Malpractice Claims In South Africa
Medical malpractice occurs when a negligent act by a doctor or other medical professional results in harm to a patient. Malpractice could involve cases like an accident in a surgical operation or an anaesthesia used in an operation.
Alternatively, the doctor may have failed or refused to use a procedure or treatment necessary to treat a disease. Other malpractice claims involve dangers or problems with drug therapies that were not fully disclosed, causing injury or even death to patients.
Malpractice can be extremely hard to prove in court; full medical histories and records need to be produced by the patient. Attorneys dealing with malpractice claims must be experienced in reviewing and comprehending medical records if he is to succeed filing such a claim as the laws are complicated.
Medical malpractice laws are in place to ensure victims have an opportunity to receive compensation for their suffering. Unfortunately most plaintiffs can’t afford the cost of hiring attorneys who specialise in malpractice claims, especially at a time when they are dealing with the changes in their life caused by the malpractice. Luckily, most attorneys work on a no win, no fee basis.
Plaintiffs in medical malpractice claims need to hire expert witnesses to testify on the issues of:
- The standard of care
- The provider’s breach of that standard
- The causal relationship between the negligence and the injuries caused
- The cost of the future care for the injuries caused
- Any loss of earnings over the lifetime of the plaintiff
Examples of malpractice claims:
- Error in anaesthesia
- A doctor’s mistake during childbirth
- An undiagnosed disease
- Failure to diagnose a disease
If you think you or a loved one might have been a victim of medical negligence, feel free to contact us – a law firm specialising in malpractice claims. We guarantee professional service and legal advice based on our vast amount of experience in this field.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
