What Constitutes as Medical Malpractice in South Africa

Medical malpractice and injuries caused by negligence are more common than you may think. While there are high standards of medical service delivery in our country, they aren’t always adhered to by medical professionals and institutions. Improper procedures, bad advice or a refusal to treat patients can often result in dire consequences for the patient, and often not enough for the practitioner. As a citizen of South Africa, you have the right to receive proper medical care when you need it; but more importantly, you have the right to retribution when it hasn’t been delivered correctly. So what exactly constitutes as medical negligence or malpractice? And what can you do about it when you have become the victim of either?

How is Medical Malpractice Determined?

According to the Health Professions Act 56 of 1974, medical malpractice occurs under the following conditions:

• The medical professional undertook their legal duty to provide a patient with treatment and:
• The obligation of the practitioner (or institution) to provide adequate and reasonable care during a procedure was breached, and:
• The breach of standards and care resulted in the patient suffering further injuries or disabilities, or:
• Such an injury caused a financial loss to the patient, or has negatively affected their relationships.

These can come in the form of a failure to keep adequate medical records, to disclose the possible risks of a procedure to the patient, not giving the correct procedure at the right time or not correctly monitoring the recovery of a patient.

Signing over Indemnity

In many instances before a surgical procedure, medical practitioners or institutions will require you to sign an indemnity form. While this will exempt them from many types of liability, it does not permit them to conduct medical procedures in a negligent manner. In cases where negligence or malpractice is clear, you are still able to make claims against the offending institution or individual.

Contact Scheepers Pretorius to Get your Own Back

If you feel that you have been the victim of medical malpractice, trust our team at Scheepers and Pretorius Attorneys to get retribution for you in a dignified manner. Call us today or visit our website for more details on our range of legal and additional services.