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By       : Ignatious M Mahlokwane

Date   : 09 September 2021

Medical negligence or medical malpractice is an area of law in which we offer our legal services in determining whether there was a breach of duty of care on the part of medical team or medical team acted negligently in treating a patient. This is a broad specialised area of law. Any medical officer, nurse, medical practitioner or paramedics can be sued under the medical negligence, in the event they are found to have failed to act reasonably in treating a client.

Employers of security guards employed at the facilities of health institutions could also be sued under medical negligence for a conduct that would have resulted in an injury worsening or death of a patient who sought medical treatment at the medical institution. It is expected standard that medical practitioners or team must possess a level of skill, diligence, competence and knowledge in the field which they practise medicine.

Examples of medical negligence are incorrect diagnosis of patient, failure or omission to refer a patient for further treatment or diagnosis, failure to follow up or ensure post-operative care of the patient, failure to perform surgery, or botched surgery. This is not an exhaustive list. Any medical team, practising in private or public sector can be held liable for medical negligence. The legal remedies for medical negligence depending on the claim are, among others, loss of income, pain and injury, loss of support, medical expenses and or special damages. Where a patient would have died from the medical negligence, the dependents of the deecased can sue the liable medical officer for loss of support and other proven damages in law.

If you suspect a medical negligence case, regardless of the years that it would have happened, you may contact us for a legal assistance in this regard. We will need to access to your clinical notes or medical records at the medical institution that treated you and arrange a consultation with our medical experts for assistance.