Do you have a medical negligence claim in Pretoria? Did you sign an informed consent form? You will ultimately make a decision about a medical treatment or regimen based on the given facts and the goal of informed consent is to prevent potential medical negligence claims.
The informed consent form will highlight any relevant facts not disclosed to you at the time of your decision and this can add weight to your claim.
Unless your life is in imminent danger and/or you’re unconscious, no one may operate on you or coerce you into a treatment regimen without your informed consent. The informed element is the important aspect of the process. Legal requirements are that a consenting patient must be fully aware of all the facts relevant to a given surgery or treatment.
These factors include:
- The accurate diagnosis of your condition, its nature and level of progression.
- Whether alternative methods of treatment have been considered and/or used.
- The possible risks and/or side-effects of the proposed surgery or treatment.
The information presented to the patient must be in a manner which is in easily understood. After assessing all the facts and the patient is still agreeable to the surgery or treatment, the patient signs the paperwork giving informed consent.
Claiming medical negligence in Pretoria
Unfortunately, even though every precaution has been followed and every step taken to ensure a successful medical procedure, things do not always run according to plan. This could result in a negative or unwanted result, which impedes or otherwise leaves the patient worse off than before. In such an instance, where you have signed an informed consent and wish to file a medical negligence claim in Pretoria, you can engage a medico-legal expert to guide you through the claim process.
A critical step is to establish if the offending medical practitioner and/or anyone on the medical team willingly or knowingly withheld relevant information pertaining to your surgery or treatment. Another query is if the practitioner is deemed to have been careless or negligent in the manner in which they performed the actual surgery or treatment. The practitioner cannot be held accountable for any medical consequences or complications they could not have possibly foreseen – such as those that are self-induced by the patient.
If you have the evidence to back up a claim of medical negligence, you have the right to lay a claim against the practitioner in court. Along with other expert testimony from both sides, a judge will weigh the merits of your case and award or disallow your claim accordingly.
If you are planning to file medical negligence claims in Pretoria, you want a claims service with years of experience in the medico-legal field. Paul du Plessis Attorneys in Pretoria is your first choice for claims service for medical negligence cases.