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Malpractice Law

Malpractice Law

There are often times where one might need the services of a Lawyer to provide advice on issues arising from third party negligence.

This could include negligence arising from, amongst others: Medical services, Legal services, Public liability, General Insurance, etc.

Examples of Medical Malpractice include Heparin overdose, Foreign objects left in bodies, Misdiagnosis / Wrong diagnosis, Surgical Errors, Dental Errors, Breast Implant Malpractice, Psychiatric Malpractice, Anaesthesia Malpractice, Birth Injuries & Cosmetic Surgery.

Most recent Malpractice Law Articles posted

Mother to get R18m for brain-damaged son

The MEC for Health has to pay R18.2m in damages to a mother whose son was born more than 10 years ago with severe brain damage as a result of lack of oxygen. A Pretoria News report says Jessie Makhoba initially claimed more than R26m in damages in the Gauteng High Court (Pretoria) following the negligence of the staff and doctors at the Pholosong Hospital in Brakpan.

Lawyer finally released after heavy-handed police action

Accusations that the police are misusing their powers to intimidate investigators with dirt on people in high places have been made following the arrest of lawyer Sarah Jane Trent, who was detained in a police raid on forensic investigator Paul O'Sullivan’s Johannesburg home on Friday, notes Legalbrief.

Bobroffs abused knowledge of court procedures

Personal injury lawyers Ronald and Darren Bobroff abused their knowledge of court procedures to effectively prevent the court from examining their misconduct. This is one of the key reasons a full Bench at the Gauteng High Court (Pretoria) decided the father and son duo, both directors of Ronald Bobroff and Partners (RBP), should be struck off the roll of attorneys in December last year, according to a Tony Beamish report on the Moneyweb site.

Judge sued for R1.2m over failed RAF claim

Gauteng High Court (Pretoria) Judge Ramarumo Monama is facing an unlikely opponent – North West widow Koketso Frieda Moreotlotlo (84) wants him to pay for allegedly failing to act on her RAF claim dating back to 1989. But The Star reports the judge – in defending the action – forwarded a number of defences in which he stated that he was not liable for her damages.

Class action over deaths of 94 psychiatric patients

Former Gauteng Health MEC Qedani Mahlangu faces a class action lawsuit by the families of 94 psychiatric patients who died in appalling conditions in the care of unlicensed NGOs, says a Business Day report. Health Ombudsman Malegapuru Makgoba’s report into the scandal found that Mahlangu’s cost-cutting exercise to move the patients from Life Esidimeni had been expensive and deadly.

Nurse guilty of assaulting frail care patient (84)

A nurse who kicked, slapped and elbowed an elderly woman (84) at the luxury Lily Kirchmann home for the frail in East London has been found guilty on five counts of assault. A News24 report notes that Hope Shepherd's daughter Bernice Robertson had hidden a camera in her mother's room because she suspected that she was being abused.

Conveyancers lose R8.4m in online scam

Several conveyancing attorneys and new homeowners in Nelson Mandela Bay have been duped out of R8.4m by con artists. A Saturday Dispatch report says the online scam includes the use of false bank accounts, fraudulent identities and fake e-mail addresses to siphon the money. Since January last year, R8.4m has been stolen in 19 separate cases reported by several conveyancing firms across the city.

R2.2m payout for attack after police failure

Two robbers who managed to saw through the bars of their holding cells at the Middelburg Magistrate’s Court during a lunch break and then simply walked out of an unlocked door to the parking area will cost the taxpayer R2.2m in damages. A report on the IoL site notes that this is after the robbers attacked an elderly couple about a week later on their farm near Middelburg.

Ex-law student allegedly forged judge's signature

A former law student – facing fraud charges for forging an East London judge’s signature in a fake order directing a medical aid scheme to pay out a huge sum to a family member – was arrested last week four years after escaping from the law, notes a Daily Dispatch report. Sonwabile Mtongana (36) – a then second-year law student from Unisa and an intern at Ndzamela Attorneys in Mthatha – went into hiding shortly after he was caught for the crime in 2012.

'Bizarre' defence against medical claim withdrawn

Gauteng’s MEC for Health, Qedani Mahlangu, facing a High Court claim over a botched operation carried out at a state hospital, launched a subsequently withdrawn defence described as ‘bizarre’ by leading legal commentator Carmel Rickard, notes Legalbrief. The State Attorney, in a written plea filed on behalf of the MEC, denied that (the MEC) owes a duty of care to the patient. The attorney noted there was no law in SA that ‘guarantees proper, sufficient and reasonable health services to citizens’.

Specialist facing R10m claim

A Pretoria specialist anaesthesiologist is facing two damages claims relating to a surgical procedure to sever nerve roots in the spinal cord to relieve patients of their severe headaches, but which allegedly left them with nerve damage, says a Pretoria News report. Dr Russel Raath, who practises in the Jacaranda Hospital, is facing a nearly R10m claim in the Gauteng High Court (Pretoria).

Soaring medical malpractice claims cause ward closure

Hospital giant Life Healthcare has become the first group to announce the closure of one of its maternity wards due to a decreasing number of obstetricians willing to practise in a litigious environment, according to Rapport. The Life Midmed Hospital in Middelburg (Mpumalanga) will shut down its neonatal ICU and obstetrics ward, which handles about 100 deliveries a month. In Worcester, all four obstetricians in private practice last week publicly announced their refusal to deliver more babies due to sky-rocketing insurance premiums.

NPA confirms Bobroff extradition proceedings

Having fled SA in March, embattled father and son lawyers Ronald and Darren Bobroff appear to be settling down for the long haul in Australia, after recently purchasing a R26m house in Sydney, says a Cape Times report. The father and son quickly sold their law firm, Ronald Bobroff & Partners, allegedly after receiving a tip-off that the duo were going to be arrested on money-laundering charges involving tens of millions.

Damages claim for cerebral palsy boy nears finality

The damages claim of a seven-year-old boy who developed cerebral palsy after state medical staff at the Mowbray Maternity Hospital failed to diagnose that he had jaundice at birth, is set to be finalised, according to a Weekend Argus report. It notes the Western Cape High Court has handed down a judgment in which it determined the boy’s life expectancy and found his expected age of death was 55. The parties’ lawyers and the Centre for Child Law spent 45 days thrashing out the issues before Judge Owen Rogers.

Forensic report allowed in Ponzi case

The Western Cape High Court has dismissed an application to stop a forensic report the state believes would confirm that a Parow pastor ran an illicit multi-million Ponzi scheme promising people high returns on investments. A Cape Times report says the legal team representing Colin Davids, of New Direction Grace Church, was objecting to an Ernst & Young forensic report being handed in as part of the state’s evidence.

Struck-off advocate feels ConCourt wrath

The Constitutional Court has reminded the Pretoria Society of Advocates of its duty to both the public and the courts to take appropriate steps to stop a struck-off advocate from continuing to practise, notes Legalbrief. It made the comment in a unanimous judgment handed down yesterday (Thursday) in the case of Ralph Patrick Ndleve, who had approached the court for a fifth time – his first four applications had been dismissed – in a bid to have his striking-off for malpractice and theft set aside.

Doctor sued for patient’s skin damage

Dr Lulamile Jam Jam is being sued for R5.7m for allegedly misdiagnosing a disorder and prescribing medication which caused skin damage, says a Daily Dispatch report. The doctor does not deny giving Ziyanda Qubu the medication, but said she had used the medication before so he did not need to inform her of its side effects.

Client at odds with lawyer over settlement claim

Former City Press photo editor Denvor De Wee is at odds with his lawyer over whether he entered into a settlement agreement with Media24 and former City Press editor Ferial Haffajee in his racism defamation court case. The dispute between Media24, Haffajee and four former staffers – who alleged she defamed them by calling them racists – was headed for court last week before Media24’s attorney Andrew Boerner said the case had been settled, which was confirmed by the staffers’ attorney Etienne van der Merwe, notes a BDlive report.

Court orders damages payment for doctors' failings

The Minister of Defence will have to pay damages for the failure of military doctors to diagnose the 13-year-old son of a firefighter with swine flu, the Western Cape High Court has ruled. Torrian Marthinus, now 20, was left untreated for almost a week in August 2009 and developed meningitis – which led to seizures that affected his academic performance. The amount of damages to be paid has not been decided, notes a Weekend Argus report.

SARS spent R26m on ‘rogue unit’ investigations

SARS paid financial services firm KPMG R23m to investigate allegations of irregularity and misconduct involving the so-called ‘rogue unit’ established to investigate tax evasion, says a BDlive report. This was in addition to the R332 177 spent to finance the work of the Kanyane committee and the R3m paid to the Sikhakhane Panel, both of which were mandated to investigate allegations against former SARS employee Johann van Loggerenberg, who was involved with the unit.

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