More Articles

Malpractice Attorneys

How Malpractice Attorneys Can Help You to Receive Compensation for Damages

Malpractice attorneys assist victims of medical negligence and/or malpractice when they seek legal recourse against the offending party and to receive compensation for damages suffered.

If you or a loved one have been injured as the direct result of the action or lack thereof by a medical practitioner, it is essential to seek legal guidance from experienced malpractice attorneys. It is not always possible to prove malpractice and the level of injury and damages suffered may not justify having to go through lengthy court proceedings. However, medical malpractice attorneys can determine the merits of your case and advice you regarding steps to take.

The malpractice attorneys understand the complexity of medical law and malpractice lawsuits. They seek to get a favourable settlement where such is in your interest. If need be, they litigate in a court of law to ensure you get the compensation you need. But knowing how long it can take and how complex such cases can be, they only do so if in your best interest and if you agree to such.

You may have been the victim of medical malpractice without realising it. The attorneys can explain your rights and assess your particular situation. You may, for instance, have been injured because of a wrong diagnosis or may have been permanently disfigured because of incorrect surgical procedures.

Knowing who is to blame for the injuries is also important. Is it only the doctor or is it the hospital? Is the injury the result of equipment failure or simply lack of care by the hospital administrators?

You thus need to assess who is responsible for the particular injury. You may need to take legal action against more than one party. The manufacturer, doctor, and hospital staff can all be responsible for the injury. The medical malpractice attorneys can help to determine responsibility for the injury or injuries.

Damages are payable for disfigurement, loss of enjoyment of life, past and future medical expenses, past and future loss of earnings, emotional pain and suffering, physical pain and suffering, and the cost of hiring assistance to perform household tasks.

The malpractice attorneys collect evidence, obtain an expert medical opinion, and prepare for litigation. You can help by collecting medical records and keeping payment receipts, as well as medical aid statements. You can also write down the dates and treatments received. Moreover, you can help by obtaining payslips to indicate loss of earnings and leave records to show days taken off from work and so forth.

When Is It Malpractice?

To qualify as malpractice, the injuries sustained must not be of your own doing, but directly as the result of negligence by the defending party. There must have been a duty of care and the defending party must have failed to provide the care required according to a reasonable standard. Doctors do make mistakes and thus not all mistakes qualify as malpractice; only the mistakes that cause you to suffer damage can qualify. To this end, you need to ask whether the injuries are substantial enough to warrant legal action against the defending party.

What Next?

Collect the necessary information and contact Adele van der Walt Incorporated. One of the experienced malpractice attorneys will help to determine the merits of your case.

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 – March 2019.

Contact us