• What is medical negligence:

Medical negligence (malpractice) is when a medical practitioner does not act with the necessary skills and expertise as is expected in the medical profession. The negligent actions by the medical practitioner can cause severe injuries, lifelong conditions or disorders and in extreme cases can lead to death. We are here to assist you in obtaining the required financial relief that is required due to the negligent treatment.

  • What can you claim: 

  •  Past medical expenses

All past medical expenses associated and necessitated by the incorrect or negligent medical treatment.

  • Future medical expenses

Future medical expenses are calculated by obtaining the opinions of respected medical experts that assess your injury or condition and based on this assessment; they calculate what future medical expenses or procedures might have to be done. An actuary will then calculate what the necessary amount will be to cover the probable medical costs.

  • General damages

This claim will be for the pain and suffering caused by the medical negligence of the medical practitioner as well as for any disability caused and the costs involved therein etc. a ramp/elevator installed in a house for a paraplegic.

  • Loss of income

This claim will form one aspect of the total amount claimed if the medical error has negatively impacted your ability to earn an income as well as taking into account possible future income prospects.

  • Death claims
    1. If the bread winner has died due to medical malpractice and you were dependant on him you can claim for loss of support, general damages and the necessary funeral expenses;
    2. General damages and necessary funeral expenses can also be claimed when a loved one has passed away due to medical negligence.
  • Our fees 

When it comes to our fees, there are two options available to our clients. They can obtain our legal assistance at an hourly rate or on a no-win, no-fee basis. The no-win, no-fee basis in terms of the Contingency Fees Act 66 of 1997 is the preferred choice for clients where the legal practitioner charges no fees if the matter is not successful, but can charge double their normal fees or a maximum amount of 25% (Excl. VAT) of the claim should the matter be successfully concluded.

  • How long do I have before I must claim?

 The summons must be delivered to the medical practitioner or medical institution that is being sued within 3 years from the date that the wrongful or negligent act occurred. Should the summons not be instituted within this time period, the claim will lapse due to prescription and will you not be able to sue. Prescription however, does not run against minors and the mentally handicapped and only begins once the minor has become a major or the mentally handicapped comes out of the mental condition. In cases against the state, notice must be given to them within 6 months of the negligent or wrongful act.

  • Information needed

Certain information is needed prior to the first consultation and which may vary due to different circumstances.

 

Should the claim relate to you personally we will need:

      1. A complete history of the events that lead to you seeking legal advice which includes your health prior to the medical negligence;
      2. The full details of the medical practitioners that can verify your medical history prior to the incident;
      3. Full details of the medical practitioner to which the claim relates as well as the full details of medical practitioners that tended to you after the incident occurred;
      4. Proof of salary;
      5. IRP5 documents for at least three years prior to the incident;
      6. Proof of employment;

If the matter relates to the death of another person for which you would like to institute a claim, we will need the following documents:

      1. All the documents mentioned above together with an indication whether you were a dependant of the deceased or whether the deceased was a loved one on which you were not dependant;
      2. The deceased’s identity document and death certificate;
      3. The last will and testament of the deceased or the liquidation and distribution account.

 

Contact us on 0860 012 007 today and let us impress you with our excellent service.