We will need to collect all the data relevant to your medical history, which will include complaints, treatments and medication prescribed. Start by writing down the information, dates and treatments as you can remember them. Locate your medical aid invoices, any medical invoices, pharmacy slips and even the labels on your medication bottles.
The circumstances of your particular case will be important in determining the information and supporting documents required. Information that will be helpful for the first legal consultation includes:
- A full explanation of the reason for seeking legal assistance.
- Detailed medical history with dates and details regarding the circumstances surrounding the medical negligence incident.
- Details regarding your health before the specific incident.
- Contact details of the medical professional and/or hospital or clinic where you have been treated.
- Full contact information of the medical professionals who have treated you after the incident.
- Proof of income.
- IRP5 documents of the last three years before the relevant medical negligence incident.
- Bank statements of the last three to five years.
- Medical aid contact details and your member number.
- Medical aid statements for the last three years (together with the medical slips), prior to and after the incident.
- Proof of being self-employed or if employed, proof of such.
- Dates that you have been absent from work, because of the injury sustained.
If the medical negligence incident relates to your spouse or the person responsible for your financial support, we will need documents as per above, as well as supporting evidence that you are dependent on the person for financial support. If the deceased was not responsible for your financial well-being, provide information as to your relationship to the deceased. You will also need to provide us with a certified copy of the death certificate and the deceased’s ID. Finally, we will need to see the final will and testament or the liquidation & distribution account of the said deceased.
It is essential to start the necessary legal proceedings as soon as possible, since there is a time limit after the incident in which you can lodge a claim for medical negligence damages.