It is hard to imagine but so many times the people we entrust our lives with are not fully trained or inexperienced which can result in permanent injury to a patient, whether yourself or a loved one. We all want to believe that we will come from theatre in a better condition to that as when we went in there but mistakes happen, unfortunately, when a health care practitioner makes a mistake it can have an adverse effect on the patient for years. While many cases of medical malpractice are dealt with quickly and easily, many others can drag on for years and even necessitate the need for Supreme Court litigation.

Supreme Court litigation is the last resort for legal cases in South Africa. In this court plaintiffs can attempt to overrule the decisions made by lower ranked courts. For example, a patient when for a fairly straightforward procedure, but a problem with the drugs used during the procedure caused the patient’s heart to stop. If the heart is started immediately there should be little effect, however, if the heart stops it also stops oxygen supply to the brain which results in brain damage. If you were to make a case in this instance you will first of all contact a medical lawyer to assist you who will refer the case to the Health Professions Council of South Africa. If they have decided it is permissible in court it will go to either the Magistrate’s Court or the High Court. However, if the plaintiff is not satisfied with the decision they can refer it for Supreme Court litigation.

The lawyers at Adele van der Walt Attorneys are experience in Supreme Court litigation and will be suitably placed to assist you with your medical case, from the time you have informed us of the case until the final judgment has been passed.

For more information on this subject, please give us a call at 012 460 3668 (SA)
or e-mail us at linda@avdw.co.za