Do you understand medical negligence? Let us explain it to you!

Medical negligence, also referred to as medical malpractice, occurs when a healthcare professional or healthcare institution fails to provide the standard level of care, resulting in harm to a patient.

What is Medical Negligence?

Medical negligence happens when a healthcare provider’s action or inaction deviates from accepted medical standards, causing injury or harm. Common examples include:

Misdiagnosis;
Surgical errors
Medical prescription errors
Birth injuries

To prove medical negligence, you must establish four critical elements:

Duty of Care: The healthcare provider owed you a duty to deliver competent medical care.
Breach of Duty: The provider failed to meet the accepted standard of care.
Causation: The breach directly caused your injury or harm.
Damages: You suffered physical, emotional, and as a result financial harm.

Steps to institute a Medical Negligence Claim

Seek Legal Advice

Consulting a qualified lawyer is crucial. They can assess your case, advise you on its merits, and guide you through the legal process.

Gather Evidence

Evidence is crucial to proving your claim. Important documents include:

Medical records
Prescriptions
Test results
Correspondence with the healthcare provider
Notes detailing your experiences and symptoms

Obtain a Medical Expert Opinion

Your lawyer will appoint an independent medical expert to review your case and medical records in order to determine whether the care you received was negligent.

Initiate Legal Proceedings

If the dispute cannot be resolved through a form of alternative dispute resolution, your lawyer will draft a summons and institute legal proceedings. Throughout this process your lawyer will attempt to negotiate and settle the claim. Should the matter not be settled the matter will proceed to trial, where your lawyer will present evidence to court and the court will decide whether there was negligence and, if so, what compensation you are entitled to receive. There are five heads of damages for which you can receive compensation:

Past medical expenses;
Future medical expenses;
General damages (pain and suffering);
Past loss of earnings;
Future loss of earnings.

Working with an experienced lawyer can help you overcome challenges and build a strong case. Contact our experienced attorneys to establish whether you have a valid claim on info@danelcampbell.co.za.