An alarming number of individuals in South Africa have suffered harm as a result of medical malpractice by Doctors, however, most of these individuals aren’t aware that the Law of the Republic Of South Africa provides a legal recourse to sue the doctor or hospital liable for such a harm.
Definition of medical malpractice:
In this context, a health worker is given an obligation to look after the well-being of a patient and they fail to subscribe and adhere to the accepted benchmark of practice, such an evasion from duty may account for medical malpractice.
Two factors that are assessed in the context of medical malpractice are: acting improperly and failing to act.
In the context of acting improperly: a scenario would be when a Doctor misdiagnoses a patient, which results in delays in terms of commencing medical treatment leading to the worsening of a medical condition during that period of wrongful delay. In the context of acting or failing to act: a scenario would be, a Doctor negligently failing to obtain informed consent for a brain operation.
It is important to take note that there needs to be a direct link between the harm suffered by the patient and the medical malpractice.
What can you claim?
Civil cases can be opened against relevant Healthcare providers such as a medical doctor or the hospital, based on the circumstances of one’s case.
For state-owned hospitals, the relevant MEC or Minister of Health can be held liable and in terms of privately owned hospitals, the hospital owners may be held liable.
When can you claim from the date of the accident?
Claims must be instituted within 3 years.
Manzankosi Corporate Legal Consultancy Can Assist You :
At Manzankosi Corporate Legal Consultancy, our panel of qualified legal practitioners can assist you. Get in touch with us for qualified and exceptional legal assistance via WhatsApp at 067 147 2323| 081 712 1114 or email us at info@manzankosiclc.co.za.
