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Medical Malpractice Attorney in SA

Why You Need the Help of a Medical Malpractice Lawyer if Your Child Was Injured at Birth

Birth injuries range from minor to very serious. Sometimes the baby only has a slight bruise, but in other situations serious injuries such as brain injury or spinal cord damage are reported. What is important to understand is that there is a difference between birth defect and birth injury.

Birth defect is normally the result of something that happened before the child’s birth. It can be caused by heredity factors, chemicals to which the mother was exposed, drug usage by the mother, medication used, injury of the mother while pregnant, or environmental factors.

Birth injury is normally the result of something that went wrong during the birthing process and, in some cases, the injury could have been prevented had the medical staff taken the right actions in time. However, the attorneys defending the hospital staff or medical practitioner often argue that the injury is indeed a birth defect which originated prior to the birthing process.

If you suspect that your baby’s injury was the result of medical negligence or malpractice, it is recommended that you get legal guidance from an experienced medical malpractice attorney in SA to assess the case and help you take appropriate legal steps in getting compensation for the injury and damages suffered. Such a medical malpractice attorney will be able to litigate and take the necessary steps to prove that the injury was the result of negligence or malpractice.

As the parent, you have the right to take legal action against the medical practitioner because your child may be permanently disabled as the result of a careless action by the practitioner. You will have additional medical expenses in treating the injury, caring for your child’s special needs, hiring a caregiver, and may also need to get counselling. The life expectancy of your child may be shorter because of the injury and his/her ability to participate in activities and to enjoy life.

How does a medical malpractice attorney in South Africa help?

People are often reluctant to take legal steps against the practitioner or hospital because they feel that litigation will take time and money, which they would rather spend on treating the injury and taking care of their child. They are often already exceptionally busy with work, medical appointments, daily care of their baby, and therapy sessions. However, having an experienced medical malpractice lawyer to assist with the legal process will help to reduce the pressure associated with submission of a complaint to the HPCSA.

The parents may also not be happy with the offer made or with the outcome of the HPCSA decision on the matter. They can, however, rely on the malpractice attorney to help them get the necessary documentation, expert opinion and medical records, and to handle the entire case on their behalf.

In many instances, the medical law attorney works on a contingency basis. This means the parents only have to pay the attorney upon the successful outcome of their lawsuit. Where possible and if the parents so agree, the attorney will seek an out-of-court settlement.

The parents can recover damages for expenses related to past, current and future medical treatments, rehabilitation and therapy costs, purchasing of special medical equipment, hiring of a caregiver or payment for the special care facility, pain and suffering, loss of life enjoyment, lost income because of having to care for the injured child, and for emotional distress.

If your child suffered injury at birth get professional legal help from Adele van der Walt as an experienced medical malpractice attorney in SA.


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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