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Medical Malpractice

Taking Legal Action After Hospital or Medical Malpractice

Many of us put our lives into the hands of licenced medical professionals at some point or another. Unfortunately, there are instances where things don’t go according to plan, and procedures incur negative, and sometimes life-altering, consequences. In these moments, patients can feel powerless and confused, unsure of where to go or how to prove negligence or medical malpractice. When the very professionals who were supposed to support our recovery leave us worse off, it is hard to know where to turn. This is when patients need a trained legal professional to advocate on their behalf, a specialist who understands the law and can uncover each instance of negligence.

For medical malpractice to be proven in a South African court of law, the defendant must prove the following against the medical professional or institution:

  • The healthcare provider or hospital undertook a legal duty of care regarding the patient.
  • They failed to provide the necessary level of care, and this undertaking was breached.
  • This breach resulted in some type of injury to the patient.
  • The injury caused financial, and emotional loss for the patient.

Simply put, a legal professional will assist you to prove that the medical party undertook a legal duty, failed to provide it, caused injury because of this breach, and further emotional or financial harm as a result thereof. When it comes to medical malpractice claims, patients are usually claiming compensation for the following:

  • Past and future medical expenses as a result of the injury
  • Any loss of income due to an inability to work as a result of the injury
  • Damages for suffering and pain as a result of the injury

As a general rule, medical malpractice claims must be submitted and acted upon within three years. As such, it is best to instigate legal proceedings and consult a lawyer as soon as you can.

Medical Malpractice

Chat with the Legal Experts at Adele van der Walt Incorporated

If you have fallen victim to malpractice, remember you are not alone. While it can feel daunting and overwhelming when attempting to fight a larger corporation or system, our trained attorneys are here to help. We have decades-long experience in medical negligence, hospital negligence, misdiagnosis, insurance disability, and fertility and surrogacy agreements. We take the time to listen to our clients and truly pursue the outcomes they deserve. We believe that each person has the right to fair and just treatment, and we had helped hundreds of clients to receive compensation in similar instances. If you are dealing with a case of malpractice and don’t know where to turn, get in touch with us, and we will gladly be of assistance.

Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – August 2022.



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