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MTHEMBU & CO ATTORNEYS
Practice Area
Holding healthcare providers accountable for substandard care.
Medical negligence, also referred to as medical malpractice, occurs when a healthcare provider fails to exercise the degree of care and skill reasonably expected of a competent practitioner in the same field, and that failure results in harm to the patient. These claims are among the most complex in civil litigation, requiring both legal and medical expertise.
P A Mthembu Attorneys represents patients who have suffered injury, worsened medical conditions, or loss as a result of negligent medical treatment. The firm handles claims against doctors, surgeons, specialists, nurses, hospitals (both public and private), clinics, and other healthcare providers.
Medical negligence claims require expert medical evidence to establish that the treating practitioner deviated from the accepted standard of care. The firm works with independent medical specialists who review the clinical records, provide opinions on liability, and assist with the quantification of damages.
Common examples of medical negligence include misdiagnosis or delayed diagnosis, surgical errors, birth injuries caused by negligent obstetric care, anaesthesia errors, medication errors, failure to obtain informed consent, and hospital-acquired infections attributable to inadequate protocols.
Claims against the state, including public hospitals, are subject to specific procedural requirements under the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002, which requires notice of the claim to be given within six months of the incident. The firm ensures compliance with these requirements from the outset.
How do I know if I have a medical negligence claim?
If you received medical treatment that fell below the accepted standard of care, and that treatment caused you harm or worsened your condition, you may have a claim. The firm arranges for your clinical records to be reviewed by an independent medical expert to assess whether negligence occurred.
What is the time limit for a medical negligence claim?
The general prescription period is three years from the date you became aware of the negligence and the resulting harm. For claims against state hospitals, you must give notice within six months under the Institution of Legal Proceedings Against Certain Organs of State Act.
What damages can I claim?
You may claim for past and future medical expenses, loss of earnings, general damages for pain and suffering, and in severe cases, the cost of future care and assistive equipment.
How long do medical negligence cases take?
These matters are typically lengthy due to the complexity of the medical evidence involved. Cases can take 2 to 5 years or longer, depending on whether liability is admitted or disputed and the availability of medical experts.
Are medical negligence cases expensive to pursue?
Medical negligence litigation can be costly due to the need for expert medical reports and opinions. Fee arrangements are discussed during the initial consultation, and the firm will advise you on the most appropriate approach given the circumstances of your matter.
Whether you need representation or want to understand your options, get in touch.
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