Areas of Law and Guides
Has your medical doctor been negligent? Have you suffered as a result thereof? Sustained physical harm as a result of a negligently executed surgery? You may need legal advice!
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 Articles posted
For eight years, a Johannesburg gynaecologist faced a multimillion-rand claim after one of his patients gave birth to a baby with Down syndrome.
The family of an Eersterust woman have taken legal action against Steve Biko Academic Hospital after their mother was allegedly left with a rotting bedsore on her backside, said to be more than 5cm wide.
Three employees of the Road Accident Fund have been suspended for alleged involvement in corrupt activities regarding claims. And, according to a report in The Sunday Independent, four more employees are in line to be suspended for similar transgressions.
The SCA has ruled against Andre and Sharon McGregor, who have fought a long struggle for damages since their lives took an unexpected turn on the night of 23 August 2011 when their son (6) suffered head injuries.
Zenobia Venter, once a legal secretary in the practice of fugitive attorneys Ronald and Darren Bobroff, has been jailed on 205 counts of fraud and theft and has begun serving a seven-year sentence at Pretoria Central Prison.
A mother who gave birth to twins prematurely at the Tembisa Hospital in October last year is convinced her babies died from an infection caused by the klebsiella bacterium and has accused medical staff of negligence, says a report in The Sunday Independent.
Following the arrest and court appearance of two Johannesburg doctors – paediatric surgeon Peter Beale (73) and anaesthetist Abdulhay Munshi (56) – who were accused of medical negligence – some doctors are having second thoughts about performing intricate, lifesaving surgical procedures.
There is a worrying trend of systematic medical negligence in our hospitals. In AN v MEC for Health, Eastern Cape, the SCA recently remarked that ‘far too often this court is confronted with serious and serial negligence’ in hospitals … it is clear that studied neglect of standards has become pervasive in many such hospitals. 'Those reliant upon their services are receiving substandard care’.
The Gauteng Health Department is in trouble after several service providers, mostly law firms, withdrew from defending lawsuits arising from alleged medical negligence. The department faces R1.1bn in claims. City Press says it has established that the department has been bombarded with claims from lawyers, doctors and other specialists, whose invoices remained unpaid.
North West surgeon Samuel Smith has won a lengthy court battle against a patient who accused him of negligence, in what a Times Select report describes as an important case for the medical fraternity that is grappling rising malpractice claims.
A 47-year-old man who has allegedly been fraudulently practising as a lawyer for several years has finally been arrested, the Hawks revealed yesterday, according to a TimesLIVE report.
The Health Professions Council (HPCSA) has suffered yet another defeat in its protracted battles with Dr Wouter Basson, according to Rapport. The Gauteng High Court (Pretoria) dismissed the HPCSA’s application for leave to appeal a judgment ordering the recusal of two tribunal members who found him guilty of unethical conduct during the apartheid era in December 2013.
A matter due to come before the KZN High Court (Pietermaritzburg) this month represents a test case for Health Department claims that public hospitals are as good as private ones, notes Daily News. Mbali Nzimande, whose five-year-old daughter was born with cerebral palsy, secured costly professional help after she won a legal battle against the KZN Health Department in June last year.
A finding by the Health Professions Council (HPCSA) that a Port Elizabeth heart surgeon should be allowed to work only under supervision after he watched sport on TV during surgery has been set aside by the Eastern Cape High Court (Port Elizabeth), according to a report in The Herald.
The Department of Agriculture, Forestry & Fisheries has paid a law firm more than R27m for legal services that it could have obtained for free from the Office of the State Attorney. The details about the department’s contract with B Xulu and Partners Incorporated are contained in a raft of fraud, theft, mismanagement of funds and abuse of power charges against the department’s deputy DG, Siphokazi Ndudane.
An unplanned pregnancy and birth could cost a local gynaecologist close to R3m, says a Weekend Witness report. Dr Kesavan Dhavaraj is being sued for this amount by Celestie Row and her husband, Wellington, after she conceived a baby believing her gynaecologist had performed the tubal ligation she had requested.
As previously reported in Legalbrief Today, a doctor who informed his patient via an SMS to the wrong number that he had malaria and should get urgent treatment was held 100% liable for claims he may face from his patient's widow by the Gauteng High Court (Pretoria). According to Rapport, paramedic Tony Boucher worked in Liberia during the deadly Ebola epidemic in 2015.
The General Council of the Bar (GCB) said it would be inappropriate to deliver a verdict on whether rape-accused Timothy Omotoso's lawyer Peter Daubermann displayed misconduct when cross-examining rape victim Cheryl Zondi, as he was not an advocate. Daubermann has been criticised widely for his manner in cross-examining Zondi.
A study of 122 nursing malpractice cases has raised red flags about the number of civil claims at private hospitals that are quietly settled in SA. Civil claims settlements due to nursing malpractice are a growing problem, according to Professor Ethelwynn Stellenberg from Stellenbosch University's Faculty of Medicine and Health Sciences.
A long-running battle between an Mpumalanga businessman and conservationist, Fred Daniel, who obtained an interim protection order against Deputy President David Mabuza to prevent the former Premier from allegedly trying to run him off his land in the Great Nkomazi River Valley, took a turn in the Carolina Magistrate’s Court recently when a new magistrate hearing the matter was asked to recuse himself.