How to claim for Medical Negligence?
What is the process when I want to claim for Medical Negligence?:
If you do not have a legal team you need to inform the HPCSA of medical negligence and lodge a complaint.
Approach our legal team to assist you, they are the experts and know exactly what to do and what the court will need from you. They will also advise you on the worthiness of your claim and if the necessary evidence can be provided in order to support your claim.
Our legal team will request all your medical records – medical history, treatments and prescribed medication.
Our legal team will then review all the evidence and send a letter of demand to the medical practitioner. Whether the matter goes to trial will depend on the response of the medical practitioner to the letter.
There are 2 options:
1. The medical practitioner can settle the matter out of court or
2. He/she can defend the case in court. Should the medical practitioner take the case to court it might involve you testifying in person.
What happens in court?
The Judge will assess the dispute and supporting evidence from both parties to determine whether medical negligence did indeed take place. Expert testimonies will be presented by the legal teams of both parties. The final decision will be made by the Judge after all evidence was taken into consideration.
The claim is successful, what now?
Financial compensation might be granted to you by the Judge in an amount equivalent to what he/she believes is sufficient; this may include any loss of income and legal costs.
Please remember that the outcome of success is not guaranteed and can be a costly exercise.
You will have a good idea of how medical negligence costs are calculated by reading the following:
Read our latest article about dental negligence.