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Medical Lawyers in Pretoria

The First Steps in Claiming Compensation for Damages Suffered as the Result of Medical Negligence

If you stay in the Pretoria area in Gauteng and have suffered injury and damages because of medical negligence or malpractice, the first step should be to get legal advice from medical lawyers in Pretoria.

Note – you must have suffered substantial physical and emotional injury if you want to initialise legal procedures against the medical practitioner to get compensation for the expenses related to medical treatment, loss of income because of the inability to perform your job or normal activities, future medical care costs, and loss of life amenities. For such, you will need the assistance of medical lawyers in Pretoria who are familiar with the procedures to claim compensation for such damages suffered.

Instances in which you can claim compensation with the assistance of medical lawyers include:

  • Misdiagnosis or delayed diagnosis.
  • Lack of informed consent regarding a medical treatment procedure.
  • Failure of the medical caregiver to provide reasonable medical care according to a generally and reasonably acceptable standard.
  • The medical practitioner performed a procedure for which he/she doesn’t have the necessary qualification, training or expertise level.
  • Omission of care or action by the medical caregiver.

Keep in mind that only if the mistake, lack of action, or lack of medical care according to a reasonably expected standard led to substantial physical and emotional injury and damages will it be sufficient reason to initialise legal steps in getting compensation for damages suffered.

It is furthermore important to understand that your medical lawyers will need to sufficiently prove that the injuries and damages are directly related to the action or omission of it by the medical caregiver. There must have been a doctor-patient relationship. This means that the caregiver had a duty of care and the non-performance of the caregiver must have caused the injury.

You will only know whether you have a valid claim once you have spoken to medical lawyers who will help you determine the merits of the case.  The circumstances surrounding the treatment will be important. Gather as much information as possible, including supporting documents and payment receipts. Write down the reason why you seek legal assistance. Explain the injuries, damages suffered and the treatment received which you believe caused the injuries and damages.

Write down your medical history. Be thorough and include all details up to the date of your appointment with the medical lawyers. It is essential to detail your health state before the medical injury incident. Get the contact information of the medical caregiver in question.

Collect proof of income, such as bank statements and salary slips. Also, get the IRP5 certificates for the three-year period before the incident, bank statements for the past five years, medical aid statements for the three years preceding the incident and statements up to the time of your appointment with the attorneys. Keep proof of all medical expenses and payment thereof, as well as your fuel slips (keep a logbook), phone call expenses, and proof of loss of income, such as UIF claims if you have lost your job after the incident.

Next, make an appointment with an experienced medical lawyer such as Adele van der Walt in Pretoria to help you determine the merits of the case and to assist you in claiming compensation for damages suffered.


Information in this article is not intended as legal advice and is only for informational purposes. Please seek legal guidance from Adele van der Walt before relying on this information to make any legal decisions.

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