Are you a victim of medical negligence in Pretoria? Medical negligence refers to the act or omission on part of the doctor or any health care provider in which the treatments falls below the accepted medical standards thus causing injury or death to the patient.
South African Law requires all medical professionals to exercise reasonable care when treating a patient. If the said professional goes against the set laws, he/she is liable for the consequence thereof. Exercising the highest level of skill is a requirement for all medical professionals. Medical negligence is not only limited to doctors, it also applies to health care facilities, nurses and even the healthcare services.
If you believe that you are a victim of medical negligence in Pretoria, you have the right to file a claim in court against the practitioner. But before you lay a claim, you need to have sufficient evidence to support your claims.
How to prove medical negligence in Pretoria
- An action must be present
For any medical negligence case to hold, you need to prove that a certain action led to your injury. This could be in form of wrong prescription, incorrect diagnosis or even an incorrectly carried out medical procedure. Medical negligence may also occur if the doctor who was attending to you failed to carry out a necessary medical procedure that could have saved your life.
- Wrong action
If you have suffered any medical negligence in Pretoria, you need to show that the specific actions carried out by the professional were wrong. If the practitioner failed to follow the right procedure, then they are liable for any injury you incurred.
Medical professionals are required by the South African law to provide care in line with the set standards. If the specialist fails to provide the expected level of care, they are deemed negligent.
- Physical harm
For a medical negligence case to hold in court, you need to have suffered harm. In some cases, this may be difficult to prove because you were being treated for a medical problem, Nonetheless, experts are able to determine if the side effects were as a result of negligence.
When filing a medical negligence in Pretoria case, you need to prove that the action by the medical professional caused the harm you incurred. If the said action does not cause harm, you may not have a case.
Medical negligence cases are lengthy and sometimes complex. You can choose to settle the matter out of court or you can file a claim in High Court. Medical negligence claims are calculated using the special damages and the general damages.
Visiting a medical negligence lawyer for a free consultation is highly recommended. The attorneys are responsible for fact finding and agreeing on a settlement before the case goes to trial. Contact Paul du Plessis Attorneys in Pretoria today for a free consultation!