medical-law-claims
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MEDICAL CLAIMS

MEDICAL LAW CASES NEGLIGENCE

When first becoming aware of a potential medical claim it is imperative that all information which is available is carefully retained. This includes photographing if necessary the site of the injury for instance where a needle was not inserted correctly alternatively bruising , lacerations , scratches , pressure sores and the like. These work well in Court and are effective evidence . All photographs must be dated . Your contact with us is advisable so that we can assist and guide you in determining which information should be obtained and what to look out for.

Once we are in receipt of an instruction assess what the long term consequences or effects of the injuries would be. This is to ensure that a claim for medical negligence/medical malpractice is viable. Even if there are good prospects of success a claim may not be viable if you make a good recovery subsequently
(which is a good thing!)

When in receipt of all the necessary medical and hospital records we will assess the prospects of success and if necessary seeking the opinion of a medical expert in the apposite medical field.

Should the prospects of success be good the necessary documents will be prepared to be issued out of the High Court ( the Summons) . It is important to do this as there is a 3 year prescription period which applies.

Attempting to bring an action outside of this 3 year period requires strenuous explanation and is only provided in extremely limited instances.

After issue of Summons ensure that the matter is allocated to a Trial date as swiftly as possible and we do this by keeping to the time periods allowed by the Rules of Court and also ensuring that the Defendants i.e the doctors or hospitals which are being sued also file all the necessary documents within the time stipulated by the Rules of the Court . During the intervening period while wait on the Trial date to come up we continue to collect the relevant documentation including documents related to loss of earnings if there are any , school reports where young children are concerned and the like.

We monitor the litigation at all stages and we ensure that you as the client are kept fully updated on all developments. We are here to assist you in securing your rights against a negligent medical practitioner or hospital.

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Medical Claims Guidelines

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  • 0861 MLB INC

    Johannesburg Office
    +27(0) 011 268 6697

    Cape Town Office
    +27(0) 21 425-5570

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