WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is categorized as an injury sustained because of the medical professionals failure to treat you with the reasonable skill and care that is required in the specific circumstances of your case. Some common examples include:
- Injuries sustained during birth, including cerebral palsy cases
- Misdiagnosis or delay in diagnosis
- Failure to undertake further investigations, obtain specialist advice or emergency treatment
- Surgical errors
- Defective medical products
- Prescription and/or medication errors
HOW DO WE PROVE MEDICAL NEGLIGENCE?
Medical negligence is categorized as an injury sustained because of the medical professional’s failure to treat you with the reasonable skill and care that is required in the specific circumstances of your case:
Medical negligent cases must be built on evidence, so it’s important that the person making the claim can prove what happened to them was a mistake and that they suffered injury or harm because of that mistake. Documents that could help prove medical negligence are:
- Medical records
- X-rays
- Ultrasounds
- Photographs
- Witness statements
- Expert Medical Testimony
- Records of costs you’ve incurred due to injury caused by the malpractice
It is authoritatively shown that around 10 to 11 % of hospital admissions each year-end in an ‘adverse outcome’ due to a medical incident.
Doing so means you and your lawyer must prove the five elements of negligence:
- Duty
- Breach of duty
- Cause
- In fact, proximate cause
Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve. Examples of medical negligence are:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong-site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
WHAT CAN BE CLAIMED FOR?
If you have suffered an injury as a result of medical negligence, you may be able to claim compensation for the following.
- Past Medical Expenses
- Future Medical Expenses
- Loss of Earnings
- Pain, suffering, and loss of amenities of life – also referred to as ‘general damages’
Choose a law firm that is experienced in the field of medical law.
The most critical part of your case is to make sure you have a competent Lawyer. We act on behalf of patients throughout South Africa and have access to an extensive network of experts that assist us in the adjudication and prosecution of medical negligence claims.