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Malpractice Law

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!

Test case for standards at public hospitals

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 Legalbrief. 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.

Reprieve for surgeon who watched sport during operation

By Juta and Company (Pty) Ltd Published on Thursday, 04 April 2019
Tags: #Health Care & Social #Litigation #Malpractice Law
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.

R27m payment to law firm under scrutiny

By Juta and Company (Pty) Ltd Published on Tuesday, 19 March 2019
Tags: #Litigation #Malpractice Law
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.

R3m claim against gynaecologist for unplanned pregnancy

By Juta and Company (Pty) Ltd Published on Monday, 25 February 2019
Tags: #Health Care & Social #Litigation #Malpractice Law
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.

Doctor liable for malaria death damages to appeal

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.

Bar Council cautions on cross-examination ethics

By Juta and Company (Pty) Ltd Published on Thursday, 25 October 2018
Tags: #Ethics #Litigation #Malpractice Law
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.

Alarm raised over growing nursing malpractice

By Juta and Company (Pty) Ltd Published on Wednesday, 24 October 2018
Tags: #Health Care & Social #Malpractice Law
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.

Court confirms public's right to protection from doctor

A Potchefstroom doctor who is being probed after several patients died under his care has failed in an urgent application to have his suspension lifted, says a report in The Star. One of his alleged victims was a 12-month-old girl who suffered burns when a cup of boiling water fell on her.

Magistrate in Mabuza battle asked to recuse himself

By Juta and Company (Pty) Ltd Published on Tuesday, 14 August 2018
Tags: #Ethics #Litigation #Malpractice Law
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.

Mpumalanga facing R7.6bn in negligence claims

By Juta and Company (Pty) Ltd Published on Wednesday, 13 June 2018
Tags: #Litigation #Malpractice Law #Personal Injury Law
Mpumalanga’s Health Department faces medical negligence claims of more than R7.6bn, of which more than 40% centre on children allegedly born with cerebral palsy. A Business Day report says this figure represents more than half of its budget allocation for the 2018-19 fiscal year, which stands at R13.3bn.

150 more Esidimeni families seek compensation

A total of 150 more families who lost loved ones in the Life Esidimeni tragedy or are related to survivors, have come forward with claims. A Times Select report says this could push the estimated R160m payout by the Gauteng provincial government to about R300m, although the new claimants are still being verified.

R40.2m damages awards in a week

By Juta and Company (Pty) Ltd Published on Thursday, 31 May 2018
Tags: #Litigation #Malpractice Law #Personal Injury Law
In one week, the Eastern Cape Department of Health has been slapped with R40.2m in court orders for damages to be paid for babies born with brain damage because of hospital negligence, says a report in The Herald.

R1.2m each for families of 'tortured' mental patients

By Juta and Company (Pty) Ltd Published on Tuesday, 20 March 2018
Tags: #Health Care & Social #Litigation #Malpractice Law
The rights of mentally ill patients and their families were flagrantly violated and disregarded during the Life Esidimeni debacle‚ retired Deputy Chief Justice Dikgang Moseneke said in a scathing judgment yesterday. ‘All the facts here point to cruelty‚’ he said on the final day of arbitration hearings into the tragedy in which he said victims and their families had to be compensated.

Mother sues after baby's arm amputated

The mother of a baby who lost his arm due to alleged medical negligence at the Stanger Hospital is suing the KZN MEC of Health for R7m. The matter is set down for June, notes a Sunday Tribune report.

Irate granny sues judge for failed RAF claim

By Juta and Company (Pty) Ltd Published on Friday, 02 February 2018
Tags: #Malpractice Law #Motor Vehicles #Personal Injury Law
A octogenarian North West granny did not stand back yesterday when it came to locking horns with a judge of the Gauteng High Court (Pretoria). According to a report on the IoL site, she wants the judge to personally pay her about R1.2m which she claimed she was entitled to as he allegedly failed to act on her Road Accident Fund (RAF) claim nearly 30 years ago, when he still had his own law firm.

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