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Medical Malpractice Attorneys

Essential Considerations When Choosing Medical Malpractice Attorneys in South Africa

Navigating the legal system without the proper medical law experience and the necessary skillset can be incredibly daunting. If you're facing an instance of medical negligence and you're searching for specialised medical malpractice attorneys, then read on to find out what to consider when seeking legal expertise. First, let’s consider what medical malpractice entails.  

Medical malpractice refers to situations where patients experience a lack of proper care and suffer from negative consequences that could have been avoided by a medical practitioner. Under South African legislation, injuries suffered by the patient must have occurred due to a medical practitioner's action or inaction. In cases of medical negligence, it is best to consult qualified attorneys in the field as soon as possible after it occurs.

Wrong Diagnosis

Considerations when Choosing Medical Malpractice Attorneys

If you have been affected by medical negligence or malpractice, it's vital to consider the following factors before seeking legal counsel.  

  1. Consider their legal expertise: Consider the expertise of your chosen lawyer or firm and ensure that they have had experience with medical malpractice lawsuits specifically. At Adele van der Walt Incorporated, we have extensive experience in medical law and are well-versed in the topics of medical negligence, hospital negligence, and misdiagnosis under South African law.
  2. Take swift legal action: As a general rule, medical malpractice attorneys operating in South Africa must generally file a claim of medical negligence within three years of the malpractice occurring. Nonetheless, certain situations may have a longer time period in which the patient can claim. Consult qualified medical malpractice attorneys to determine the viability of your claim in terms of time.
  3. Be prepared to go to trial: In many instances, the medical practitioner or hospital might opt for a settlement, especially once they have conducted their own internal investigation and determined that negligence has occurred. However, if this isn't the case, the case will have to go to trial. Once the evidence has been given by both sides, the presiding judge will rule on the validity of the claim. If they rule that it is a valid claim, they will decide on the compensation that must be awarded.

Chat with Our Medical Law Experts

If you have been the victim of medical negligence, we will be your voice. We have assisted numerous clients to achieve justice regarding medical malpractice and have years of experience in the field. For more information on our various service offerings, give us a call at +27 12 460 3668 or get in touch with us via our contact form. We will gladly be of assistance.

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 – April 2023.

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