If you or a close family member has sustained serious harm as a result of medical negligence or malpractice, it’s important to know your legal rights.
We’ve answered frequently asked questions so that you have a better idea how to progress with a medical negligence or malpractice claim.
Click a question below.
Medical malpractice is improper or negligent treatment of a patient by a doctor, nurse or any other healthcare professional that causes foreseeable harm to the patient and results in loss.
It can involve an act, such as administering the wrong type of medicine.
It can also involve an omission, or failure to act. For example, a doctor may fail to request the necessary tests or investigations to diagnose a condition correctly.
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Unless the parties involved agree to a settlement, a medical negligence (malpractice) claim will be heard and decided by the courts.
Medical malpractice is a complex area of personal injury law.
If you may have a claim, it’s important to use the services of a suitably experienced medical malpractice attorney. This is a specialist personal injury lawyer who’s able to work with medical experts, analyse medical records, perform medical research and set up independent medical examinations in support of each case.
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If you may have a claim, it’s important to collect as much supporting evidence as you can. Make a written record of your injuries or ailments, take photographs and request copies of your medical records and files.
As the next step, we recommend that you contact a firm of personal injury lawyers that specialises in medical malpractice, such as DSC Attorneys.
The firm can assist you in obtaining expert medical testimony, and in compiling and submitting required documents within the necessary time frames. It can also represent your interests in settlement and/or court proceedings.
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The compensation that is awarded will depend on the particulars of a claim.
It may include varying amounts for different categories of damages, known legally as “heads of damage”. These include compensation (as applicable) for:
- past hospital and medical expenses
- estimated future medical expenses
- past loss of earnings
- loss of future earning potential
- general damages for pain, suffering and loss of amenities of life.
In addition, a family member may claim compensation for loss of support in a case involving the death of a breadwinner.
Your attorney may be able to advise you based on compensation awarded by the courts for similar, previous claims. Also see recent examples of medical malpractice payouts in our article, How Much Is An Injury Claim Worth?.
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The Health Professions Council of South Africa (HPCSA) is the regulating authority for health professionals and hospitals in the country. It sets standards for all registered healthcare practitioners, and investigates complaints lodged by patients.
If a health care practitioner is found guilty of negligent or unethical conduct, the medical disciplinary committee can reprimand, suspend or de-register the doctor, or issue a fine.
If you are unhappy with the way you have been treated in hospital or by an HPCSA-registered healthcare provider, you can download and fill in a complaints form online.
Note that the HPCSA disciplinary process does not affect a legal claim for injuries or damages arising from medical negligence or malpractice.
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You usually have a period of three years from the time of the incident in which to claim damages for medical negligence or malpractice. However, there are exceptions to the rule, especially when it comes to cases involving minors. We strongly advise you to consult a suitably qualified attorney if you may have a claim.
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Yes, but you will need the expert opinion of an independent medical practitioner with the right qualifications and experience to assess negligence if your claim is to succeed.
The medical malpractice team at DSC Attorneys has access to highly qualified healthcare professionals who can provide expert opinions for legal purposes.
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Yes, provided the negligent party is an employee of the hospital; for example a nurse, medical technician or support worker.
Doctors, specialists like anaesthetists and surgeons are generally independent contractors. They may be held liable for damages caused by negligence or malpractice in their personal capacity.
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Yes. This constitutes a wrongful death and medical malpractice claim. It involves a complex legal process that requires expert advice.
In addition to proving that the wrongful death was caused by negligence, the claimant has to prove that remaining family members have suffered loss of financial support and/or emotional or psychological damage.
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Instituting a medical malpractice claim is a time-consuming process with multiple steps.
It involves collecting medical records and other evidence, obtaining expert opinions, drafting and issuing a summons and negotiating a settlement or proceeding with a trial.
Generally, a typical claim will take a minimum of three to five years to finalise. Claims sometimes take longer if they are particularly complex or have to proceed to trial.
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Ensure that your attorney is suitably qualified and experienced in handling claims similar to yours, and has a proven track record of successful claims.
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How DSC Attorneys can help
At DSC Attorneys, we specialise in personal injury claims and our medico-legal team has extensive experience in handling medical malpractice claims. Note that we work on a no win, no fee basis.
