Legal Articles 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!
The owners of a Cape Town home where a toddler suffered severe brain damage after falling into the pool have won their fight to avoid paying tens of millions of rands in damages, notes a TimesLIVE report. They went to the SCA after the Western Cape High Court said they should bear two-thirds of the liability for the accident because they had been negligent in leaving the pool gate open.
More than 5 500 medical negligence claims have been made against the Health Department since 2014‚ Health Minister Aaron Motsoaledi said yesterday. According to a TimesLIVE report, the number grows each year. In response to a parliamentary question by DA MP Anchen Dreyer‚ Motsoaledi said that 1 562 claims had been made in the 2014/15 year‚ 1 732 in 2015/16 and 1 934 in 2016/17. So far in the current financial year‚ 360 claims had been lodged.
The fear of challenging authority, coupled with the reluctance to take accountability, is what led to the deaths of 118 patients under the care of the Gauteng provincial government. This is according to Health Ombudsman Malegapuru William Makgoba, who was the first witness to present evidence to an arbitration committee set up to probe the deaths of the patients, notes a Business Day report.
Attorneys have gravitated to medical malpractice claims as a source of revenue after changes in compensation offered by the Road Accident Fund. Medical malpractice underwriters are questioning the sustainability of their insurance products following the explosion of the medical litigation industry, says medical rapporteur Melody Emmett in an analysis in Business Day.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.