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Medical Negligence
Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case management and all other matters relating to medical negligence litigation.
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Healthcare
Be careful not to let your medical negligence claim prescribe
29 May 2024
Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in
...
fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared i
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250
Article
Rugby Football Union’s “Headache” During the Rugby World Cup 2023
03 October 2023
The 2023 Rugby World Cup in France is currently underway, but it is happening against the backdrop of a lawsuit
...
that is heading to court. This legal action has been initiated by an increasing number of former rugby players in their 40s and 50s who have all received diagnoses of early onset dementia, motor neuron dise
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618
Article
Medical Malpractice: Part 2
05 July 2023
In the case of Mukheiber v Raath, Mrs. Raath (hereafter referred to as “R”) told Dr Mukheiber (hereafter referred to
...
as “M”) during their meeting that she did not want to become pregnant again and they considered sterilisation, however, no decision was reached. This was during her third pregna
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647
Article
Why informed consent must be present for medical procedures
29 May 2023
People generally rely on their doctor’s knowledge and expertise when it comes to making an informed decision about treatment or
...
undergoing a procedure or not. This is a relationship of good faith and trust. Unfortunately, sometimes doctors get it wrong and fail to properly inform their patients of the inherent risks to a treatment or procedur
show more
READ MORE
431
Article
Medical malpractice: Part 1
08 May 2023
One of the primary reasons for medical malpractice claims in the healthcare industry is gynaecology negligence. Compensation claims for negligence
...
are often related to contraception, surgery, and failure to perform sterilisation procedures. When a doctor fails to conduct a sterilisation operation, it can result in an
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912
Article
Factors affecting compensation for personal injury claims in South Africa
08 May 2023
Personal injury claims are common in South Africa, and they arise from different causes such as car accidents, medical negligence,
...
slips and falls, workplace accidents, and other incidents. These claims seek compensation for the physical, emotional, and financial damage suffered by the victim due to the wrongful cond
show more
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5139
Article
Be careful not to let your medical negligence claim prescribe
29 May 2024
Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in
...
fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say.
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250
Article
Rugby Football Union’s “Headache” During the Rugby World Cup 2023
03 October 2023
The 2023 Rugby World Cup in France is currently underway, but it is happening against the backdrop of a lawsuit
...
that is heading to court. This legal action has been initiated by an increasing number of former rugby players in their 40s and 50s who have all received diagnoses of early onset dementia, motor neuron disease, chronic traumatic encephalopathy (CTE), and other related brain disorders.
show more
READ MORE
618
Article
Medical Malpractice: Part 2
05 July 2023
In the case of Mukheiber v Raath, Mrs. Raath (hereafter referred to as “R”) told Dr Mukheiber (hereafter referred to
...
as “M”) during their meeting that she did not want to become pregnant again and they considered sterilisation, however, no decision was reached. This was during her third pregnancy when she unexpectedly delivered her baby through an emergency c-section. The parties did not expressly agree that sterilisation would take place concurrently, and there was no signed permission form for the sterilisation surgery before the c-section. The plaintiffs said that Dr M told them at a follow-up appointment soon after the c-section that a sterilisation surgery had been completed and that they did not need to use contraception going ahead. A few months later, Mrs. R became pregnant, which prompted an allegation of improper conception.
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647
Article
Why informed consent must be present for medical procedures
29 May 2023
People generally rely on their doctor’s knowledge and expertise when it comes to making an informed decision about treatment or
...
undergoing a procedure or not. This is a relationship of good faith and trust. Unfortunately, sometimes doctors get it wrong and fail to properly inform their patients of the inherent risks to a treatment or procedure. When does such failure amount to a lack of informed consent?
show more
READ MORE
431
Article
Medical malpractice: Part 1
08 May 2023
One of the primary reasons for medical malpractice claims in the healthcare industry is gynaecology negligence. Compensation claims for negligence
...
are often related to contraception, surgery, and failure to perform sterilisation procedures. When a doctor fails to conduct a sterilisation operation, it can result in an unexpected pregnancy, which becomes the basis for the claim. Therefore, the failure to perform sterilisation is a common reason for medical malpractice claims.
show more
READ MORE
912
Article
Factors affecting compensation for personal injury claims in South Africa
08 May 2023
Personal injury claims are common in South Africa, and they arise from different causes such as car accidents, medical negligence,
...
slips and falls, workplace accidents, and other incidents. These claims seek compensation for the physical, emotional, and financial damage suffered by the victim due to the wrongful conduct of the other party. However, the compensation awarded in a personal injury claim depends on various factors that are considered by the courts. This article examines the factors affecting compensation for personal injury claims in South Africa.
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5139
Article
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