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!
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.
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’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.
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.
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.
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.
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.
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.
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.