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Medical Law Firm in Gauteng

Medical Law Firm in Gauteng – Amendment Bill to Cap Negligence Payout to R1 million

The increase in medico-legal action against the Department of Health for negligence and malpractice at state hospitals has made it necessary for the government to propose the State Liability Amendment Bill. If you believe that you are a victim of medical negligence or malpractice at one of the state hospitals in Gauteng, it is thus essential to seek legal guidance from an experienced medical law firm in Gauteng as soon as possible.

The medical law firm in Gauteng can assist you in determining the merits of your particular case and advise on the amount payable according to legislation at present and in the near future, should the State Liability Amendment Bill be accepted and enacted.

What Does the State Liability Amendment Act State?

The bill, when it comes in force, amends the State Liability Act of 1957 to allow for structured claim settlement related to wrongful medical treatment of patients by staff members at state-owned healthcare facilities. If the amendment law is enacted, for treatments in excess of R1 million, compensation will be paid in a structured settlement for past expenses, immediate expenses, assistive technology, general damages for loss of amenities and for pain and suffering, as well as period payments for future expenses related to the injury and care of the injured person.

According to the proposed amendment to the law, the court must order that compensation be payable via periodic payments once a year and only during the lifetime of the injured party. The bill aims to limit payments and governs the intervals of payment. Instead of receiving once-off lump sums, the victims of medical negligence at state healthcare facilities will only receive, at court discretion, limited payouts at set intervals. In this regard, it is essential to seek guidance from an experienced personal injury law firm in Gauteng on how the enactment of the amendment bill will affect you as claimant.

With the increase in medico-legal claims against provincial hospitals, the state is seeking a way to reduce the financial strain that lawsuits by personal injury law firms on behalf of victims place on budgets of state-owned and provincial healthcare facilities. The cap of R1 million can be problematic for victims of negligence, as their past, current, and future care expenses may far exceed the amount. However, the amendment bill states that future care of the claimant can be done at state healthcare facilities.

Of extreme importance is the provision in the bill stating that if a claim regarding state-responsible malpractice has not been concluded before the bill comes into effect, such a claim is dealt with according to the provisions of the bill. This means that if you have been involved in a lawsuit against the Department of Health for negligence and the bill is passed that your claim for compensation will be handled according to the provisions of the bill, including the R1 million cap. To this end, seek immediate legal assistance from an experienced medical law firm in Gauteng on how such will affect the outcome of your claim.

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 – July 2019.

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