The Constitution guarantees every South African the right to healthcare, but sometimes doctors and hospitals don’t provide adequate service. Medical negligence is a negligent act or omission by a medical professional that results in injury or suffering to a patient. If this happens to you at a public or private hospital you have the right to take action!
If the medical negligence is caused by a doctor, you can:
- Report the doctor to the Health Professions Council of South Africa (HPCSA)
- Sue for special damages (these are also called patrimonial damages –they allow you to claim the equivalent value in money of the actual loss you suffered. These would include loss of earning capacity, past and future medical expenses, past and future loss of income etc.)
- Sue for non-patrimonial damages (or general damages – these are losses that cannot be determined immediately. This would include pain and suffering)
If the medical negligence is caused by a hospital, you can:
- Report the doctor to the medical ombudsman
- Direct a complaint/suit to the Department of Health
Scorpion Legal Protection may cover claims related to patrimonial losses. For non-patrimonial losses, Scorpion can provide paralegal assistance, depending on the policy document. All other matters are covered with paralegal assistance.