How do I claim medical negligence in South Africa?
Asked by: Prof. Reed Schuster | Last update: September 12, 2022Score: 4.5/5 (67 votes)
If you're a victim of medical malpractice, you can institute a civil case in the Magistrate's Court or the High Court to claim for damages. This may involve suing a doctor or other healthcare practitioner directly. In the case of malpractice in a hospital, the hospital or the State may assume vicarious liability.
What is the average payout for medical negligence in South Africa?
the average value paid out per claim was R138,010. R826,007 was the average pay-out for loss of earnings. R482,291 was the average pay-out for general damages. R18,568 was the average pay-out for medical expenses.
What evidence do you need for medical negligence?
In order to succeed in a Medical Negligence Claim, your solicitor will seek evidence to establish whether on the balance of probabilities, the treatment that you received was negligent, that you have suffered injury, loss or damage, and whether your injury, loss or damage would have been avoided had the negligent ...
How do I start a medical negligence claim?
- Contact us. The first step to making a medical negligence claim is to get in touch with us. ...
- Make a complaint. ...
- Gather evidence to prove medical negligence in a case. ...
- The case is taken to court.
How long does a medical negligence case take in South Africa?
One can expect a minimum of 3 – 4 years from the date of instituting a claim against a medical practitioner/hospital to date of finalisation of the claim.
Medical Negligence in South Africa -
When can a medical negligence be prescribed?
When will prescription commence in medical negligence claims? Prescription, as regulated by the Prescription Act 68 of 1969 (“the Act”), ordinarily runs from the date a debt becomes due and a claimant has up to three years to issue a summons in respect of such a debt.
Do medical negligence claims go to court?
Many people are put off making a medical negligence claim as they feel daunted by the idea of having to appear in court. However, very few clinical negligence claims go to trial. In fact, most claims are settled before trial during a process of negotiation even if court proceedings are required.
How successful are medical negligence claims?
It is authoritatively shown that around 10 to 11 % of hospital admissions each year end in an 'adverse outcome' due to a medical incident.
What is classed as medical negligence?
Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
How long does a medical negligence claim take?
The length of time a medical negligence claim takes to settle can vary significantly, simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high value cases can take longer to settle.
Is medical negligence a criminal case?
Is Medical Malpractice Civil or Criminal? Medical malpractice is a civil case. The victim initiates it on their own behalf. In some cases, for very severe misconduct, the party responsible for medical malpractice may also face charges for criminal negligence.
Can I sue NHS?
When NHS care goes wrong, it is your legal right to sue the NHS for medical malpractice and negligence. Additionally, when you sue the NHS, it will help flag poor areas of healthcare, helping to ensure the same mistake does not happen to anyone else.
Can I claim medical negligence after 6 years?
In general terms the 'limitation period' for most damages claims is six years, in the case of personal injury claims the period is reduced to three years (as set out by section 11 of the act). The 'Limitation Period' for making a medical negligence claim is also three years, the same as a Personal Injury claim.
How do I claim compensation fund?
How do you claim? Inform your supervisor or employer as soon as possible (verbally or in writing). Make note of anyone who witnessed the accident. The form that needs to be completed is WCL 2: Notice of Accident and Claim for Compensation.
How do I complain about hospital negligence?
You can telephone the team on 0330 024 0330 or send an email trustHR-CLCH@capita-services.co.uk.
How do I report a doctor in South Africa?
- OHSC Call Centre: 080 911 6472.
- Email: complaints@ohsc.org.za.
- Fax: 086 560 4157.
Can I sue hospital for negligence?
If a doctor or hospital staff makes a medical error the hospital is still responsible and a patient can sue them. Hospital negligence occurs directly by the hospital or indirectly by its employees.
Who pays for a medical negligence claim?
If you win your medical negligence claim, your legal costs and the insurance premium will mostly be paid by the defendant (for example, the doctor or NHS Trust responsible for your injuries). You will pay a part of the costs out of your compensation, but at most this will be 25% of the compensation you receive.
How do I get my doctor to take me seriously?
If you feel your primary care doctor doesn't take your symptoms seriously, ask for a referral to a specialist or go to a different practice for a second opinion. A fresh set of eyes can be extremely helpful. Review how to present your symptoms factually, clearly, quickly, and without unnecessary minutiae.
What does a medical negligence lawyer do?
Personal injury and clinical negligence law involve helping clients get compensation for injuries suffered in accidents in public or at the workplace and injuries caused by medical negligence.
How do I sue a hospital in South Africa?
If you're a victim of medical malpractice, you can institute a civil case in the Magistrate's Court or the High Court to claim for damages. This may involve suing a doctor or other healthcare practitioner directly. In the case of malpractice in a hospital, the hospital or the State may assume vicarious liability.
How is medical negligence compensation worked?
The courts determine the amount of compensation you should receive for your medical negligence claim if you are unable to negotiate. The compensation amount is broken down into two categories, general damages which includes injuries, and special damages, which represents financial losses.
Should you accept first compensation offer?
Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.
What is negligence in South African law?
Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law's disapproval of the defendant's conduct. The conduct is tested against what the reasonable person in the position of the defendant would have foreseen and what he would have done to avoid the consequences.