Medical Negligence

What Is Medical Negligence?

Medical negligence occurs when a healthcare professional breaches their duty of care, resulting in harm to a patient. This may involve:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors or complications
  • Incorrect medication or dosage
  • Failure to monitor or respond to symptoms
  • Negligent maternity care
  • Inadequate consent or communication

To succeed in a claim, it must be shown that:

  1. A duty of care existed
  2. That duty was breached
  3. The breach caused harm or loss

Common Examples We Handle

  • Birth injuries due to negligent delivery
  • Surgical instruments left inside the body
  • Incorrect treatment plans or medication errors
  • Failure to diagnose serious conditions like cancer
  • Hospital-acquired infections due to poor hygiene
  • Negligent post-operative care

What Can You Claim?

  • Medical expenses (past and future)
  • Loss of income or earning capacity
  • Pain and suffering
  • Disfigurement or disability
  • Loss of support (in fatal cases)
  • Emotional trauma and psychological harm

Our Legal Services

  • Case evaluation and expert opinion coordination
  • Access to independent medical specialists
  • Preparation of legal documents and court submissions
  • Negotiation with hospitals, insurers, and legal teams
  • Litigation in High Court if necessary
  • Support for families in wrongful death claims

Time Limits

Medical negligence claims must generally be filed within 3 years from the date of the incident or discovery of harm. For minors or mentally incapacitated individuals, the time limit may be extended.

Why Choose MD Attorneys Inc?

  • Deep understanding of South African medical law
  • Access to trusted medical experts and specialists
  • Compassionate, strategic representation
  • Proven success in complex litigation and settlements