Steps to take when you suspect medical negligence
Medical errors can and do happen and can significantly impact or alter the rest of a patient and their family’s life. Despite the increase in medical negligence claims over the years, many people remain unaware of their rights and how to protect them. As attorneys specialising in personal injury claims, such as medical malpractice, we understand that you may not know where to start or who to speak to for advice.
What is Medical Negligence or Malpractice?
Medical malpractice is defined as treatment that does not comply with the expected and required standards, causing injury or death of a patient. In other words, it is an injury or death that occurs because a doctor, nurse, hospital or other healthcare professional or organization did not do what they were supposed to do.
Unfortunately, most injured patients do not have the medical knowledge to understand that something went wrong. In addition, they are often never told that their injury was preventable.
What to do if you suspect negligence
There are several things that an injured patient or family member can do if they suspect that the injury was caused by negligence, such as:
- Trust your instincts – do you believe you experienced an unexpected or unexplained result?
- Document what you remember – take detailed notes, record dates, log changes in your symptoms and gather documents, keep copies of invoices and expenses.
- Gather information – get a diagnosis, ask questions, keep copies of any scans and test results you may have, speak to your family doctor and conduct online research.
- Contact a medical malpractice attorney – consultation and initial investigation can regularly be done on a contingency fee (or “no win – no fee”) basis.
How can a medical negligence attorney help?
A medical negligence attorney can assist a client in seeking financial compensation for injury, disability or death. Medical negligence claims are often complex and highly technical, both from a legal and medical perspective. It essentially involves challenging doctors and other healthcare professionals in their own field of expertise.
A properly investigated and litigated claim will require numerous medical and related experts, which is regularly more expensive than the general public can afford. An attorney specialising in medical negligence claims can assist by preparing the case and working on a contingency fee basis.
Establishing medical negligence
In order to be successful with a claim, you and your legal team will have to establish the following through facts and evidence:
- Negligence
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- The care or treatment you received fell below the standard of care of a reasonably competent professional.
- Causation
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- The negligence was the cause of your injury or disability; and
- Had it not been for the negligence, the outcome would have been avoided (or different).
- Damages (i.e. compensation)
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- You suffered monetary losses related to your injury, including money you will need to spend on future care, or loss of income or ability to work; and
- You have pain and suffering.
Instructing the right medical negligence lawyers
Finding an attorney with the right skills, experience and compassion is key in ensuring the success of your case. At Paul du Plessis Attorneys we are knowledgeable and passionate about the law and helping injured clients. We have represented parents and families of patients in personal injury claims in ground-breaking cases and take on every case as if it were our own.
If you have questions about the medical care you or a loved one received, or if you suspect that something out of the ordinary may have occurred, we can provide guidance. You can contact us online on our website, via telephone at 012 809 1588 or e-mail paul@pauldup.co.za for a free consultation.