Medical Negligence & Malpractice Lawyers

Welman & Bloem Inc.

Medical Negligence & Malpractice

Online Case Assessment

549 Jacqueline Drive, Garsfontein, Pretoria

Tel: 012 348 0000

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Medical Malpractice Lawyer ~ Pretoria

Medical Malpractice Law In Action

Time Limit

It’s essential to act as soon as you suspect that your injury is the result of medical negligence as there’s a time limited to which legal action could be taken.

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Once And For All

Get it right the first time. Subject to the ‘Once and for All’ rule, a person may only bring one action against the same defendant upon a single cause of action.

Legal Process

A claim flowing from possible medical negligence goes through the normal legal process and the claimant must be aware of the possibility of legal recourse.

Specialist Medical Malpractice Lawyers for

Medical Negligence Matters

Personal Injury Law

Specialist medical malpractice lawyers who handle medical malpractice and medical negligence claims usually handle other types of claims covered under personal injury law.

No Win, No Fee

When a client and his Medical Malpractice Attorney agree to a contingency fee for services rendered by the attorney, it is referred to as no-win, no-fee. If the attorney fails to prove the claim, no fee is due. 

Test For Negligence

Medical negligence is defined as the failure to act with the same amount of care with which any reasonable medical professional would have acted, in the same circumstances.

Malpractice Attorneys

How To Claim

According to South African law, in order for a medical negligence claim to be made, the medical practitioner needed to be responsible for the patient’s direct care. Then it needs to be proved, with the assistance of a medical specialist that the course of action taken, or not taken, was not in accordance with the generally accepted medical procedures. This decision potentially could have been the cause of the patient’s injury or resultant medical side effects.

Medical professionals are usually covered by malpractice insurance to protect them against medical negligence claims.

 Medical Negligence & Malpractice

Law Simplified

Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted within the same circumstances.

Medical malpractice is a legal cause of action that occurs when a medical- or health care professional deviates from the standards of his or her profession, which action or omission results in the injury or death of a patient.

Negligence takes various forms and degrees of severity. The degree of severity will determine how much a victim can possibly win in compensation.

Do You Have A Claim?

Free Online Case Assessment

Incorrect Diagnosis

Delayed Diagnosis

Inappropriate treatment

Medication errors

Surgical errors

ANAESTHESIA errors

Childbirth injuries

Interpretation Errors

 Nursing Negligence

Malpractice Claim Procedures

Process Explained

We render legal assistance to victims of medical negligence through litigation and legal settlement negotiations to obtain compensation from the offending party or parties such as medical- professionals, practitioners and institutions.

Legal Fees

No Win No Fee

If a client has a monetary claim, the attorney’s fee may not be more than 25% of the total amount awarded to the client. Costs awarded to the client are not included in these calculations.

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Contigency Fee Limit

Essential Elements Of A Claim

Medical Malpractice Claim

 

A patient who has sustained a personal injury due to the negligence of a medical practitioner has to prove the following essential elements for his medical malpractice claim to be successful:

01. Duty

There was a duty on the medical professional who undertook the treatment of the patient.

02.Standard

Health-care professionals or medical facilities failed to provide the standard of medical care.

03. Injury

This failure to provide the standard of medical care resulted in harm or injury to the patient.

04. Damages

The patient must prove that the injury caused financial or emotional loss to the patient.

Online Case Assessment

EASY Access To Case-Specific Feedback

Complete the FREE Online Case Assessment form to help our Medical Malpractice Attorney to determine the merits of your claim and provide advice on the way forward.