By Emsie Martin

Years ago my husband was diagnosed with chronic bronchitis – it was later established that it was thyroid cancer. One so easily accepts the result of a test, but when can you institute a claim for a wrong diagnosis or any other medical malpractice?

According to DSC Attorneys medical malpractice cases are extremely complicated and subject to legal principles, rules and procedures (legal authority) that differ from other fields of the law.

If you believe that you are a victim of medical malpractices or negligence, it is extremely important to consult an attorney with the necessary specialised knowledge of this complex legal field so that you can get the necessary information to determine that you are within your rights and how you should continue with the legal matter.

Medical malpractices are classified as negligent conduct or negligent failure to act by a medical professional person that led to a personal injury of a patient.

This is not limited to medical doctors but also applies to nurses, dentists, osteopaths, health-care facilities (problems with medication, hygiene or treatment) and health-care services such as nursing homes as well as cosmetic-service suppliers.

Negligence occurs when a medically qualified person’s conduct does not comply with the accepted standards of practice and causes a patient harm.

Can I bring a claim?

If you believe that you or a family member is a victim of medical negligence, you have the right to look at your own medical records, charts and information. These records will also help you to make a sound case.

Examples of negligence will include mistakes in the following stages of health care:

Diagnosis

• wrong diagnosis or maldiagnosis of a condition
• postponement of diagnosis leading to less favourable or unfavourable outcome
• wrong report of test results

Treatment

• carrying out of surgery without the necessary care and skill
• provision of post-operation care without proper attention and skill
• failure to deliver applicable referral for the condition
• unsuitable treatment of the condition

Illness management

• does not give enough or any warning about the risks incidental to a procedure or treatment
• failure to inform patient about alternative treatment of procedures
• informed permission

Patients are required to sign consent forms before they undergo procedures or operations.

“Informed consent” means that the provider of a medical service should inform the patient in depth about the inherent risks, advantages and alternatives incidental to any surgical or medical procedure or treatment and that the patient has given proper permission for the treatment to continue.

Should a medical practitioner’s conduct not meet the generally accepted standards (the so-called “reasonable practitioner test) such practitioner could possibly be sued for medical negligence.

An example would for instance be where a patient develops bleeding during or after an operation with the practitioner(s) failing to act fast enough or sufficiently to handle such a complication and such action or neglect to act timeously and effectively causes the patient damage. In such an event it would be within the patient’s right to bring a claim for medical malpractice.

The following is a list of general examples where medical malpractice can occur:

• unsuitable intervention and complications during the labour and birth process
• mistakes with prescriptions
• negligence at a hospital or casualty ward
• delayed treatment
• misinterpretation of X-rays and/or mammograms
• negligence in the diagnosis and treatment of breast cancer
• malpractice during plastic surgery
• dental malpractice
• paediatric malpractice
• anaesthetic malpractice
• wrong blood transfusions
• amputation of wrong limb
• removal of wrong organ

Get legal advice!

You must decide what outcome you want should you bring a case of medical malpractice as such cases can often be drawn out.

If you only want to lay a charge it would be best to consult the HPCSA (Health Professions Council of SA). If you want to claim for damages, contact an attorney who specialises in medical negligence legal procedures.

Source

WITH THE PERMISSION OF  De Vries Shields Chiat Inc. (DSC Attorneys) a legal practice in Cape Town specialising in personal injury law

https://www.dsclaw.co.za/af/inligting-oor-mediese-wanpraktyk-eise/