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Medical malpractice includes both negligent and intentionally wrongful acts.
This is an involved discussion that depends heavily on the facts of each case but in general:
· Where you have been the victim of medical negligence
o Pain and suffering
o Past Medical expenses
o Future medical expenses
o Loss of income or earning capacity
o Part Legal fees
· Where a loved one has been the victim of medical negligence and died
o Trauma and mental anguish
o Past medical expenses
o Future medical expenses
o Loss if income or earning capacity
o Loss of maintenance if the deceased was a breadwinner
o Part Legal fees
This is not a simple question to answer but as a general rule you have 3 years since the occurrence of the incident to serve Summons. There are a number of exceptions the most prominent being that this three year time period does not start to run in the case of children until they become 18 years old
This depends heavily on the attitude of the Defendant (health department/hospital/doctor/etc) and the court in which the matter is being litigated. COVID has caused huge backlogs on certain trial roll so bringing a matter to trial can take as many as 5 years in certain jurisdictions and as little as 18 months in others.
YES! If the incident has seriously affected you it is absolutely worthwhile. Remember that you will be living with the physical and mental consequences for the rest of your life and may require life long treatment and/or medication. Given the cost of medical care in this country, the medical expenses alone make the slog of litigation a worthwhile endeavour.
A good attorney, her staff and medical professionals will support you through the journey, always be available to answer your questions or address your concerns.
Negligence occurs when a medical practitioner fails to exercise the degree of skill and care that would normally be expected of a reasonable and competent medical practitioner in the same field under similar circumstances.
It must be noted that all medical “errors” are not negligent. Medical services are subject to risk and medical practitioners are not miracle workers. The test is: Would a reasonable practitioner in the same filed and under the same circumstances have acted the same or differently and foreseen the complications and taken steps to address them? If the answer is yes, then negligence has occurred.
Doctors, medical specialists, dieticians, pharmacists, physiotherapists, general practitioners, radiologists, radiographers, surgeons, nurses and other hospital staff that render medical services.
It is the fundamental right of every patient to know what treatment he/she is to receive, what the risks are and then to choose to receive or decline such treatment. Thus health workers have a legal duty to obtain a patient’s informed consent.
Informed consent means that the patient has:
(i) Knowledge of the nature and extent of the harm or risk.
(ii) An appreciation and understanding of the nature of harm or risk.
(iii) Consented to the harm or assumed the risk of harm; and
(iv) Consented to the entire transaction, including all its consequences.
The patient must have legal capacity to give consent. The medical procedures must be explained to the patient in terms and a language that he/she can understand. If the patient does not understand the risks involved or he/she is forced or coerced into consenting, then informed consent cannot be given.
Generally, no except when the change is necessary, causes no/little harm or in emergencies.
Obviously there are a number of legal requirements but in its simplest form, Vicarious liability means that a person can sue the employer of the person who has caused the damage. Thus when a doctor or nurse causes harm then the Hospital or the relevant Health Department may be sued
· Birth injuries/ defects
· Wrongful Limb amputation
· Scarring caused by a procedure or poor wound care
· Pressure ulcers
· Bodily injuries
· Mental trauma caused by insufficient pain management
· Trauma caused by the negligent death of a loved one, not necessarily a family member
· Misdiagnosis
Your attorney will assist you to gain access to your medical records by using the terms of the Promotion of Access to information Act (The Act), to launch an application
Mediation is a form of Alternate Dispute Resolution and has, in recent years, been toted as an effective alternative to litigation in court. Essentially this is a formalised “settlement negotiation”. This is a relatively short process and can be extremely time and cost effective if both parties are genuinely interested in fairly disposing of a dispute
Absolutely not. Any settlement proposal received must be fully and thoroughly discussed with you and only when you fully understand the terms and their implications then you must be asked to accept or decline the offer, usually in writing .
Yes. It is always your prerogative to both give and withdraw your mandate. there are obviously implications but they may very well not be as bad as you think. Feel free to discuss these issues with your proposed new attorney and he/she will give you sound advice. Then, armed with all the facts, you can make the decision to stay or leave.