Medical Negligence

If you are suffering as a result of medical mistakes or substandard care that could have been avoided by a medical practitioner a claim for medical negligence can be lodged.  

To establish negligence, the following must be proven:

• A legal duty of treatment or care existed between the patient and hospital or health care provider.
• This duty was breached or was below standard.
• As a result, an injury or death occurred.
• Damages because of injury or death must exist.

If the elements above are present, compensation can be claimed for medical negligence.

The amount of compensation you can claim for medical negligence depends on the extent of your injury, expenses you have incurred and future care that might be required.

Compensation can be obtained in respect of:

• Pain and suffering
• Loss of enjoyment of amenities of life;
• Medical treatment and surgery expenses;
• Cost of care provided by a professional, friends, or family;
• Loss of past and future income; and
• Loss of life expectancy.