Legal Articles and Guides

The Gauteng Health Department was facing medico-legal claims worth R20.8bn as of the end of March this year, MEC Nomantu Nkomo-Ralehoko said during her department's budget vote in the Gauteng legislature last week.

An unfortunate incident during a friend’s engagement party in December 2016, when a man was pulled from behind and twisted his knee, has cost him dearly after his leg had to be amputated.

Medical malpractice, also known as medical negligence, occurs when a healthcare professional fails to provide the standard of care that a reasonable person would expect in similar circumstances, resulting in injury or harm to the patient. Medical malpractice cases can be complex and challenging, requiring specialised knowledge and expertise in both medicine and law.

A medical doctor who was shot during a robbery at his practice in Standerton, Mpumalanga, and had his one leg amputated will now be able to prove the damages he suffered.

Chris Hani Baragwanath Hospital is faced with an estimated R1bn in medical claims for negligence as a result of a shortage of staff members, broken operating theatres and non-functional equipment.

The Western Cape High Court has referred a medical case, in which a minor patient (12) suffered brain damage during an operation, back to court for further hearing, saying it erred in its findings.

The R95m personal injury lawyers Ronald and Darren Bobroff stole from road accident victims may never be returned to SA. It has been reported that the fugitives escaped to Australia ahead of their pending arrest on charges related to overcharging their Road Accident Fund clients through illegal fee agreements.

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’.