Area of specialisation

Medical Negligence

Medical professionals must comply with a standard of care, namely, to treat their patients in accordance with the conduct of a reasonable medical provider with the same qualifications and experience. Should the conduct fail to comply with the reasonable standard of care, a medical negligence or malpractice claim may be instituted.
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Examples of
medical negligence:

Negligence does not always result in complications, injury or death. A claim only succeeds if it can be proven that the negligence caused specific harm.

  • Administering the wrong type or dose of medication
  • Making surgical mistakes (including surgery on the wrong site, leaving medical instruments behind during a procedure, or cutting unintended tissues)
  • Interpreting test and lab results incorrectly
  • Making the wrong diagnosis or treating a condition inappropriately
  • Nurses failing to communicate new patient symptoms, complaints or concerns to doctors and other medical professionals
  • A delay in making the correct diagnosis

4 elements of medical negligence resulting in medical malpractice:

The following four elements must be present in order to prove medical malpractice:

  • Physicians, healthcare professionals or providers had a duty to provide healthcare to a specific patient or patients
  • Healthcare professionals or facilities failed to provide the standard of reasonable medical care
  • This failure to provide the standard of medical care resulted in harming the patient or patients
  • The patient or patients must be able to prove that there were damages, such as loss of eyesight, loss of use of limbs, or loss of the ability to work, and subsequent financial implications

We commonly argue the following complications due to medical malpractice:

  • Cerebral palsy
  • Down Syndrome
  • Retinopathy of prematurity
  • Paralysis
  • Abdominal complications, e.g. short bowel syndrome
  • Brain injuries

How to claim compensation
for personal injury

In order to claim compensation for personal injury, it is vital that certain elements concerning the incident can be proven. It has to be proven that the other party was negligent because they failed to take the necessary precautionary measures to prevent the injury, or that the action of the other party resulted in the injury.

Should the other party be a company or the state, it must also be proven that the action was unlawful and that it was done against the regulations set out by that company or organ of the state.

If you suspect that you have been the victim of medical malpractice, and would like advice on how to proceed with a civil case, contact us today.

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Legal Cases

These cases offer relatable arguments and findings, which may be beneficial in aiding your case.

Singh

This judgment obtained by our firm served as the go-to-judgment…

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