Medical negligence and malpractice attorneys are your best bet if you or a family member has suffered at the hands of a medical practitioner who was supposed to try to make you or your family members better rather than worse.
When you visit a doctor, you expect and deserve them to treat you to the best of their abilities and within certain codes of practice. However, some medical practitioners are not as reliable as others. There have been many cases where a doctor has failed to diagnose something, or who has neglected to do everything they were supposed to cure a patient or ensure their wellbeing and good health.
Because doctors have had to go through many years of intense training and practical experience, they can be intimidating to patients. We assume that they must know what they are doing and that what they say is reliable, but unfortunately, doctors are humans and cannot always be relied upon to follow the rules and do what is best for their patients.
When you entrust your health and your life to another person who is supposed to do what is best for you, you are giving them the opportunity to either hurt you or help you. If they cause you harm or leave you suffering when they should be making you better, you may have the opportunity to sue them for medical negligence or for medical malpractice.
How to sue a medical practitioner for medical malpractice or for medical negligence
If the medical practitioner in question is registered with the Health Professions Council of South Africa, you will have to register a signed complaint with the organisation first. They will investigate the complaint and then the Preliminary Inquiry Committee will decide if the matter needs to be taken further. From here on out, you will need an attorney specialising in medical negligence and malpractice. You will have to collect as much documentative evidence as possible, for example x-rays, official medical documents and anything else that could help you prove your case.
Your case will then be taken to court and a judge will look through the evidence, hear both sides of the story and make a decision about whether there was, in fact, negligent behaviour or malpractice on the part of the medical practitioner. The judge will then decide whether the medical practitioner will have to pay compensation and how much it will be. He will also decide whether the medical practitioner will be suspended or will lose their licence.
What would it achieve?
It might be tempting to decide not to pursue the matter of getting compensation. You may feel that it is too much effort and it will be too hard to sue your medical practitioner successfully. However, as hard as it might be, it is necessary and in fact, essential, to sue for negligence or malpractice. At the very least you will making sure that the medical practitioner will be punished for their actions or stopped from hurting or neglecting any more patients.
If your case is successful, you will receive some level of compensation for the injustices and damage you may have suffered. This might allow you to find some comfort after what you have been through or may still be going through. If you are successful, the medical practitioner will have to pay your lawyer’s fees as well.
Medical negligence and malpractice attorneys
There are many different law firms that specialise in medical negligence and malpractice. Because medical practitioners would very likely have very good representation, it is essential that you find an attorney that can advise you and help you all the way through the process. Some of the attorneys you could use if you needed representation in this sort of case include:
- Adele van der Walt Attorneys
- Friedman and Associates
- ENS Attorneys
- De Broglio Attorneys
- DSC Attorneys