Medical Negligence and Negligent Birth Claims


Medical Negligence Claims

Negligence is failing to exercise reasonable care or the breach of a duty of care that results in injury. Medical negligence refers to actions or omissions taken by a medical professional which are outside the accepted standard of care and cause harm to patients. Medical professionals cannot cure all diseases or prevent all health problems from having adverse outcomes. However, they are required by law to adhere to accepted standards of practice and provide care that does not expose patients to unnecessary risk.

You can file a civil lawsuit in the Magistrate's Court or the High Court if you have been the victim of medical malpractice. This can be done to seek compensation. This may involve directly suing a doctor or other healthcare professional or hospital. If you believe you may have a valid medical negligence claim against a doctor, hospital, or other healthcare providers in South Africa, please contact our attorneys at Lowe & Petersen Attorneys for expert legal advice and representation in Personal Injury Law.

Negligent Birth Claims

The labour and delivery process is an exciting time for most parents. However, this process is occasionally accompanied by difficulties, such as the widespread occurrence of medical negligence and malpractice during childbirth. This may be the result of improper or inadequate medical intervention, poorly equipped facilities, or a medical practitioners' negligence. If a medical practitioner acts or fails to act in a manner that causes harm to a patient, this may constitute medical negligence. Contact our attorneys at Lowe & Petersen Attorneys for expert legal counsel and representation if you are the victim of medical negligence during childbirth.


1Who can claim medical negligence?
If you have been the victim of medical negligence and malpractice, you can file a civil suit in the Magistrate's Court or the High Court to seek compensation.
2How can you be compensated for medical negligence?
With the assistance of our attorneys at Lowe & Peterson Attorneys, you can seek general damages, past and future income losses, and past and future medical expenses.
3How can you prove medical negligence?
For a claim of medical negligence to be successful, it must be demonstrated that:
  • The hospital or healthcare provider owed a duty of care to the patient under the law
  • The healthcare provider or hospital violated its legal duty to provide a certain level of care and treatment
  • The patient suffered direct harm due to the breach of this commitment
  • The patient's injury resulted in a financial or emotional loss or both

Take our free online survey to see if you qualify for a claim and we will get back to you within 48 business hours.

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