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Due to the trust relationship between patient and doctor, most people would be reluctant to pursue any claim they might have against their doctor.  It is however an unfortunate situation but a necessary one when you have suffered a personal injury due to the negligence of any medical practitioner.

The relationship between you and your doctor is created by a contract in terms of which your doctor renders a service (treatment) which must be provided with the reasonable skill and care one would expect from a medical practitioner in his or her field of expertise.

One must remember that medical negligence is not only limited to your G.P. or medical doctor.  Medical negligence occurs whenever there is a negligent act or omission by a medical professional that results in personal injury to a patient.  This definition includes but is not limited to nurses / dentists / osteopaths / health care facilities as well as health care services.

Medical negligence can occur at any stage, from your first diagnosis of a condition or illness right through to treatment, recovery and post palliative care.

Common medical negligence claims can be as follows:

  • Amputation of wrong limb;
  • Removal of incorrect organ;
  • Prescription errors from pharmacist;
  • Treatment delays;
  • Plastic surgery negligence;
  • Dental negligence;
  • Anaesthesia negligence;
  • Negligent treatment during labor and birth;
  • Misinformation of risks associated with procedures;
  • Misinformation of alternative treatments and procedures.

(Please note that this is not an all-inclusive list and there are many further forms of medical negligence not listed herein.)

The damages claimed for medical negligence can be broadly divided into five “heads of damages”, namely:

  • Past Medical Expenses;
  • Future Medical Expenses;
  • Past Loss of Earnings;
  • Future Loss of Earnings;
  • General Damages.

If you feel you have fallen victim to any form of medical negligence and seek financial restitution, please feel free to make contact with one of our attorneys so that we may advise any of any claim you might have.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

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