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:
- A duty of care existed
- That duty was breached
- 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