Medical negligence is concerned with harm said to have been caused by a failure to provide the care the law requires. A poor medical outcome is not, by itself, proof of negligence. These matters are often technically complex. They usually depend on the clinical facts and, in many cases, on expert opinion.
An unsatisfactory result after treatment does not automatically mean that the treatment was negligent. The facts, the standard of care and the cause of the harm all have to be assessed.
How Tsotetsi Attorneys can assist
- An initial assessment of what happened
- Advice on the records and other evidence that may be needed
- Guidance on whether a claim appears to justify further investigation
- Help to pursue a claim where the firm is instructed
- Correspondence and, where required, court proceedings
Claims arising from motor vehicle accidents are dealt with separately, under Road Accident Fund claims.
What to expect
Every matter is different. The steps below are a general outline, not a fixed process for every case.
- Initial consultation
- Review of the account given and any records already available
- Advice on the further evidence that may be required
- A decision, with the client, on whether to proceed
- Further steps only where the firm is instructed