The Procedures to Sue a Doctor in South Africa

What is the average payout for medical negligence in South Africa?

the average value paid out per claim was R138,010. R826,007 was the average pay-out for loss of earnings. R482,291 was the average pay-out for general damages. R18,568 was the average pay-out for medical expenses.

Where can I report a doctor in South Africa?

If you feel that an alternative healthcare practitioner acted negligently or unethically, report to the Allied Health Professions Council of South Africa (AHPCSA)to investigate the complaint.

How long does a medical negligence case take in South Africa?

As a rule, a lengthy pre-trial process is involved before you are permitted to obtain a trial date in South Africa – and the date can then easily be over a year away. Once a case goes to court, a presiding judge hears the evidence. Almost without exception, medical malpractice litigation involves two phases.

How long do you have to sue a doctor after surgery?

Generally, you must claim damages for medical negligence within three years from the time when you became aware of the facts necessary to institute a claim. Various exceptions apply to this general rule. So it’s wise to seek legal advice even if three years had already passed since the date of injury.

What do I need for a medical negligence claim?

You and your attorney work together to gather the necessary evidence to support a medical malpractice claim. Examples are details of what occurred, any witness statements, medical records, expert medical testimony, records of costs you’ve incurred due to injury caused by the malpractice, and so on.