What is the process to start a Medical Negligence claim?
Before any formal legal action can be taken, negligence on the part of the medical practitioner needs to be assessed.
What are a doctor’s duties and responsibilities?
Reasonable care is to be admitted at all times, to all patients.
My rights as a patient in hospital?
To be cared for with dignity and respect, taking into account your human rights.
Who is responsible for nursing staff?
The hospital administration.
What are my responsibilities as a patient?
To follow all recommendations given by the Doctor.
For what can I claim?
Pain and suffering, medical expenses (past and future), however if paid by a medical aid, such portion must be paid back to the medical aid. If there is any loss of income, same can also be claimed.
What kind of proof do I need?
Medical Records and Hospital Records will be needed.
How do I obtain my medical reports and records?
You will sign a consent and a special power of attorney whereupon you give permission to the attorney to obtain same on your behalf.
What is a Medico-Legal Examination / Report?
This is a confidential legal document/report, intended to be used in court to prove negligence and losses.
What is the cost of a Medical Negligence claim?
The cost depends on the fee-agreement between you and your attorney, the duration of the matter and the expenses that needs to be incurred.