Medical Negligence Law
Were you injured as a result of medical negligence? Entrust the specialist medical law firm JR Attorneys to represent you in your civil claim for damages.
MEDICAL NEGLIGENCE CLAIMS
If a medical professional or hospital causes you to suffer injury while in their care, you may be able to institute a civil claim for damages.
Injuries can cause a large amount of stress and pain and coupled with the very technical and intricate nature of medical law, which is ever evolving and advancing, you may very quickly start to feel overwhelmed. The solution to this is to obtain the expertise and guidance of a legal practitioner with years of experience in this field of law to help you get the compensation you are entitled to.
Choose a law firm that is experienced in the field of medical law.
JR Attorneys is a law firm in Cape Town that specializes in medical law matters. We act on behalf of patients throughout South Africa and have access to an extensive network of experts that assist us in the adjudication and prosecution of medical negligence claims.
WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is the failure by any medical professional, including general practitioners, dentists and specialists, or nursing staff members, to treat you with the reasonable skill and care that was required in the specific circumstances of your case, causing you an injury as a result.
Medical negligence matters can take many forms. Some common examples include:
- Injuries sustained during birth, including cerebral palsy cases
- Misdiagnosis or delay in diagnosis
- Failure to refer for investigations, specialist advice or emergency treatment
- Surgical errors
- Defective medical products
- Prescription and/or medication errors
- Surgical errors
- Defective medical products
- Prescription and/or medication errors
- Injuries sustained during birth, including cerebral palsy cases
- Misdiagnosis or delay in diagnosis
- Failure to refer for investigations, specialist advice or emergency treatment
HOW DO WE PROVE MEDICAL NEGLIGENCE?
When it comes to potential medical negligence cases the Courts will accept that in some situations complications or injuries may arise despite all reasonable steps taken by a medical professional. However, where the treatment you have received has fallen short of an acceptable standard, you may be entitled to compensation.
A legal practitioner who is experienced in the field of medical law will be in a position to evaluate the merits of your matter, in conjunction with suitably qualified medical experts, and provide you with sound legal advice as the case develops. This involves a very comprehensive investigative stage where copies of clinical records are obtained and then evaluated.
WHAT CAN BE CLAIMED FOR?
If you have suffered an injury as a result of medical negligence, you may be able to claim compensation for:
- Past Medical Expenses
- Future Medical Expenses
- Loss of Past Earnings
- Loss of earnings into the future
- Pain and suffering and loss of amenities of life – also referred to as ‘general damages’
- Past Medical Expenses
- Future Medical Expenses
- Loss of Past Earnings
- Loss of earnings into the future
- Pain and suffering and loss of amenities of life – also referred to as ‘general damages’
THE CLAIM PROCESS
Every medical negligence case involves a unique set of medical facts and legal considerations. However, there is generally a set procedure that is followed during the life of each medical negligence case. Our specialist medical law legal practitioner will guide you through each of these steps to help you get the best possible outcome.
FEES
We understand that injuries suffered as a result of medical negligence may have had a devastating impact on your financial position. Therefore, having to pay legal fees upfront should not be a barrier to you accessing the legal system in order to obtain compensation. People with valid claims should be able to have access to justice and it is for this reason that we are willing to take on cases based on the so-called “no win no fee” basis.
The implication of this fee structure is that if your case is not concluded successfully and you do not receive compensation then you will not pay any of our legal fees at all. If your case is concluded successfully, you will receive compensation and only then will we be paid for the legal work we have done on your behalf. Our fees are never a percentage of the compensation you receive; we are paid only for the work that we perform on your case in accordance with a very reasonable hourly fee rate. The relevant fee structure and the applicable terms and conditions will be explained to you fully by your legal practitioner.
Before your claim begins, your legal practitioner will discuss in detail the estimated costs involved in bringing your case from start to finish.
MEET YOUR LEGAL PRACTITIONER
Johann Roux is the founder and director of JR Attorneys, a law firm specializing in medical negligence matters. He was conferred the LLB-degree by the University of Stellenbosch in 2005 and has been practising and lecturing in the field of medical law since 2007.
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