Find a South African Lawyer in SA's leading Legal Directory |

Areas of Law and Guides

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

Lawyers work to secure better RAF payout

A young boy who suffered a head injury after being knocked down by a car in November 2006 has been let down by the law after his attorney first accepted a paltry Road Accident Fund settlement and then apparently stole the money. A News24 report says while the fund considers the matter closed, new lawyers are now attempting to make good and reopen the case to secure a better payout for the child.

Mandela's medical information is 'sacrosanct'

Any patient-related information within the doctor-patient relationship is sacrosanct, and must be respected, even after death. A Cape Times report says the SA Medical Association (Sama) said this following the release – and subsequent withdrawal – of a book detailing the last days of former President Nelson Mandela. The book was written by former SANDF surgeon-general Dr Vejay Ramlakan, who was part of the medical team treating Mandela in the months before his death.

Move to mediation to cut medico-legal claims

Skyrocketing medico-legal claims threaten to cripple SA’s public and private health sectors as specialists face exorbitant litigation. Without drastic intervention, experts warn, healthcare could soon become unaffordable – or unavailable. Meanwhile, legal experts say mediation could be a solution hiding in plain sight, notes a Bhekisisa report.

Fake lawyer causes havoc in Free State courts

A bogus lawyer who forged his degree – and possibly a court order confirming his admission as a High Court advocate – is causing havoc in Free State courts, says a report in The Times. Mosebetsi Mofokeng was struck off the Pretoria Bar’s roll of advocates a year ago. Now judges at the Free State High Court (Bloemfontein) have ordered new trials for at least five alleged criminals he was representing.

Corrupt Prasa locomotives deal set aside

Slamming corruption in SA as a cancer ‘eating at the fabric of our society’, Gauteng High Court (Johannesburg) Judge Ellem Jacob Francis yesterday set aside Prasa’s controversial R3.5bn contract with Swifambo Rail Leasing for new locomotives too tall for SA's rail network, notes Legalbrief.

Cancer suits could run to millions

The KZN Department of Health faces legal action from state cancer patients running into millions of rands following the recent finding it had violated their rights to care and treatment, says a Sunday Tribune report. ‘We are already seeing a spike in queries following the ruling and are consulting with some clients around this matter. The ruling against the department by the SA Human Rights Commission is precedent-setting even though it is yet to be tested in court,’ lawyer Ahmed Amod said.

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.

Mentioned in