Medical treatment is meant to improve health, but sometimes mistakes happen that can have serious consequences. When medical professionals fail to provide the expected standard of care, patients may suffer harm. If this happens, you may have legal options to seek compensation through a medical malpractice claim.
What is medical malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, acts negligently and causes harm to a patient. This negligence may involve incorrect treatment, misdiagnosis, surgical errors, or failure to obtain informed consent.
Common types of medical malpractice
Misdiagnosis or delayed diagnosis
A failure to diagnose a condition correctly or a delayed diagnosis can lead to incorrect treatment, worsening health conditions, or even death.
Surgical errors
Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage, can lead to serious complications.
Medication errors
Prescribing the wrong medication, incorrect dosages, or failing to check for drug interactions can result in severe side effects or health deterioration.
Birth injuries
Medical negligence during pregnancy or childbirth can cause harm to both the mother and baby, leading to long-term complications or disabilities.
Lack of informed consent
Healthcare professionals must inform patients about the risks and benefits of treatments. If a patient is not properly informed and suffers harm, this may be grounds for a claim.
Legal requirements for a medical malpractice claim
To succeed in a medical malpractice claim in South Africa, you must prove the following:
- Duty of care – The healthcare provider had a duty to provide proper medical care.
- Breach of duty – The provider failed to meet the required standard of care.
- Causation – The negligence directly caused harm or injury.
- Damages – You suffered harm, whether physical, emotional, or financial, as a result.
Steps to take if you suspect medical malpractice
Step 1: Gather evidence
Collect medical records, doctor’s notes, prescriptions, and any other relevant documents that support your claim.
Step 2: Get a second opinion
Seek medical advice from another healthcare professional to assess whether negligence occurred and to document your condition.
Step 3: Consult a medical malpractice lawyer
A legal expert can evaluate your case, help determine its strength, and guide you through the claim process.
Step 4: Lodge the claim
Your lawyer will help you file a claim against the healthcare provider or institution. Many cases are settled out of court, but if necessary, the case may proceed to trial.
Time limits for medical malpractice claims
In South Africa, you generally have three years from the date you became aware of the malpractice to file a claim. However, exceptions may apply in cases involving minors or patients unable to act on their own behalf.
Seeking legal assistance
Medical malpractice claims can be complex and require expert legal guidance. If you believe you have been a victim of medical negligence, LawyerSearch provides a directory of experienced medical malpractice lawyers in South Africa. Finding the right legal professional can help you navigate your claim and seek the compensation you deserve.
