Do You Have a Medical Malpractice Claim?
You endured injuries as the result of treatment or lack thereof by a healthcare provider in South Africa and want to receive compensation for such. You are, however, unsure if you can prove that medical malpractice is the reason for your injury, so what to do next?
Below is information regarding the basic factors to consider in determining if you are, indeed, the victim of medical malpractice.
Physical Harm Due to the Actions of the Healthcare Provider
Healthcare professionals have to make important decisions regarding the diagnosis, treatment options, informed consent and more on a daily basis. Sometimes they make mistakes, for instance, their treatment plans and care do not meet the basic standards required in their profession. Only if you suffer injury as the result of the healthcare professional’s actions or lack thereof, do you have grounds to make a medical malpractice claim.
If the consequences because of the decisions, treatments, or actions of the healthcare provider resulted in death, the family of the patient may also to seek legal counsel to take the matter further.
Injury as the Result of Poor Standard of Care
No doubt, the public healthcare system in South Africa is in shambles. Patients often suffer injury because healthcare providers simply do not attend to them, do not follow up, or they provide poor quality care. The question is whether the care is according to a reasonable standard. This is difficult to prove because the care given must be measured against what can be expected as a reasonable standard of care.
The Existence of a Doctor-Patient Relationship
You cannot keep a healthcare provider responsible for injuries that you suffer if the provider is not directly involved and responsible for treating you. This means you cannot make a claim of medical malpractice against a third party for providing advice to the doctor that is treating you.
Adequate Proof is Essential
You can claim for loss of life amenities, costs related to post-injury care, loss of income, and pain and suffering. You can also claim for past medical expenses related to the injury. In order to do so, you need adequate proof of expenses incurred and must have sufficient supporting documents and expert medical statements to ensure a successful medical malpractice claim.
Where to Get Help
Seek legal guidance from an experienced medical malpractice attorney regarding the timeframe in which you can claim, the procedures to follow, and the documents needed. Call on Adele van der Walt Incorporated to assist you in seeking compensation should you think that you have been a victim of medical malpractice in South Africa.
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 – December 2018.