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Welcome to Medical Law South Africa

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MEDICAL NEGLIGENCE

Patients may be reluctant to pursue litigation against their treating doctor.There is a trust relationship which exists between a doctor and his or her patient. That trust relationship creates rights. The rights arising in delict and they also arise in terms of an oral contract or agreement concluded when a doctor agrees to consult a patient.

In medical negligence matters the patient and our client feels that the care which they received was substandard or suboptimal. Over years we have instituted and investigated countless medical claims against doctors and hospitals for failing to provide an accepted level of care which a patient and the law may expect.

A claim for medical malpractice / medical negligence is brought against the doctor and/or the hospital as the facts dictate. A thorough investigation is undertaken by our legal team in conjunction with our medical consultants who specialize in the appropriate field depending again on the nature of the complaint. Once the claim is instituted we undertake to investigate fully the aspects of the medical negligence and causation.

The damages for medical malpractice which are claimable can be generally defined in 4 broad categories:

  1. Past Medical Expenses
  2. Future Medical and Hospital Expenses;
  3. Past and Future Loss of Earning; and
  4. General Damages.

In medical malpractice / medical negligence claims the patient/client is rarely at fault as he or she would have submitted to the care of the doctor. To ensure success in these complicated and financially expensive claims one must instruct experts in the field such as Malcolm Lyons & Brivik Attorneys Inc. who have specialized in medical malpractice and catastrophic injuries since 1965.

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