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Medical Negligence attorneys in South Africa

Find a medical negligence attorney in South Africa: claims against doctors, hospitals and the state, expert reports, prescription and contingency fees.

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Plain-language guide

What a medical negligence attorney does.

A medical negligence attorney pursues compensation for harm caused by substandard medical care: misdiagnosis, surgical errors, birth injuries, delayed treatment, medication errors and failures of consent, against private practitioners, hospital groups and provincial health departments. The work relies on medical records and independent expert opinion to prove that the care fell below the standard of a reasonable practitioner and caused the harm.

When you need one

  • A treatment, an operation or a birth went wrong and the explanation does not add up.
  • A diagnosis was missed or delayed and the condition worsened as a result.
  • A child was injured at birth or in treatment and will need lifelong care.
  • You have complained to the hospital or the Health Professions Council and want to know whether a claim exists.

How fees usually work

Most claimants cannot fund a medical negligence claim upfront, so contingency fee agreements under the Contingency Fees Act are common: no fee if the claim fails, and on success a fee of up to double the normal fee capped at 25% of the amount recovered. Expert reports are expensive and the agreement must say who pays for them if the claim fails.

Questions to ask before you instruct

  • Will you take this on a contingency basis, and what exactly will I owe if we win or lose?
  • Have you obtained the full medical records, and which experts will you brief?
  • When does my claim prescribe, and does a notice to an organ of state apply?
  • How long do claims like this usually take to resolve?

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Medical negligence attorney questions

How long do I have to sue for medical negligence?

Generally three years from the date the claimant knew, or could reasonably have known, the identity of the wrongdoer and the facts giving rise to the claim. For a child the period runs from age 18 at the earliest. A claim against a state hospital also requires written notice within six months of the cause of action under the Institution of Legal Proceedings Against Certain Organs of State Act, or an application for condonation.

What do I have to prove in a medical negligence claim?

That the practitioner owed you a duty of care, that the care fell below the standard of a reasonably competent practitioner in that field, and that the failure caused the harm you suffered. A poor outcome alone is not negligence. Independent expert evidence is almost always needed on both the standard of care and causation.

What is a contingency fee agreement?

A written agreement under the Contingency Fees Act in which the attorney is paid only if the claim succeeds. The success fee may be up to double the normal fee, but not more than 25% of the amount recovered, excluding costs. The agreement must be in the prescribed form and explained to the client, and an affidavit is filed with the court when the matter settles.

For the practitioners listed here

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Court days per Uniform Rule 1, a prescription register, court-day checklists and the weekly court roll.