Attorneys to Assist with Hospital or Medical Malpractice in SA
Far too many people suffer permanent injury as a result of mistakes made by health professionals. Where those errors lead to serious injury and damages, the patient has the right to and should take legal action against the hospital or health professionals.
Common types of medical malpractice
Although the list is all but comprehensive, it does show the main types of errors, actions and failures thereof that cause patients to be injured and to suffer damages. These types include, but are not limited to:
When is it medical malpractice?
Failure to provide the minimum level of care and follow the correct procedure in diagnosing and treating at the accepted industry standard, which causes the patient to suffer injury and damages, is medical malpractice. Here it is important to understand that specific requirements must be met.
For one, there must have been a duty of care. This means there exists a health professional and patient relationship, with the health professional tasked with caring for the patient. The doctor who advises another doctor about their patient is not the one responsible for the incorrect diagnosis or treatment. The doctor directly involved in the treatment of the patient is responsible.
There must have been injury suffered by the patient. If a misdiagnosis, failure to care or treat, malfunctioning device or incorrect administration of medication did not cause injury, then the requirement has not been met.
The action or failure to act must have been the cause of injury. An example is a child born with a disability. If the disability is the result of a genetic defect, then the parents cannot take legal action against the hospital or its staff members. If the child suffered a brain injury or another type of injury as the result of the actions of the health professional team before, during or after the birth, then only is it considered to be medical malpractice.
Why get legal assistance?
As can be seen from the requirements for medical malpractice, it can be difficult to prove that a doctor or hospital is responsible for the injury and damages suffered. It is essential to follow correct procedures right from the start in taking legal action against the alleged party responsible for the injury. To this end, seek help from malpractice attorneys with a proven track record of handling such cases to the benefit of their clients.
Reach out to Adele van der Walt Incorporated for legal advice and assistance in taking action against a health professional or institution for injuries suffered as the result of medical malpractice.
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