Medical Malpractise
when treatment goes wrong
Medical malpractice is negligence committed by medical professionals such as dentists, doctors, nurses etc whose treatment of a patient departed from a standard of care by those with similar training and experience resulting in harm to the patient. Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. However, malpractice suits are often complex and costly to win. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who will discuss your case with you, and help you determine your best options
What is informed consent
Although the specific definition of informed consent varies, it means essentially that a physician or medical provider must tell a patient of all the potential benefits, risks, and alternatives involved in any surgical procedure or other course of treatment, and must obtain the patient's written consent to proceed.
If the signed consent form is considered valid, can a person recover any damages in a medical malpractice action against a doctor?
Yes. A consent form does not release from liability a physician who was negligent in performing a medical procedure and if you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him. You may also have a claim that the procedure the physician performed went beyond the consent you gave.
Hospitals can also be party to medical malpractice and are also required to ensure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. A hospital that fails to do so may be held liable for injuries to patients resulting from a nursing shortage. Another area of potential liability arises when a hospital's employees fail to follow the orders of a patient's private attending physician.
Adele van der Walt Attorneys merit investigation and advise on all medical negligence cases and you can click here: to contact them for their legal knowledge.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
