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Suffering harm as a result of medical treatment can be deeply distressing, especially when the very professionals meant to help you fall short of their duty. At Moloto Weiss Attorneys, we help individuals pursue medical negligence claims with care, clarity and determination.

What is Medical Negligence?

Medical negligence, sometimes referred to as medical malpractice, occurs when a healthcare professional fails to provide the standard of care reasonably expected in their field, and this failure causes harm to a patient. In essence, it’s not just about a negative outcome. It’s about whether that outcome was avoidable had reasonable care been taken.

Key elements of a Medical Negligence claim

To establish a valid claim, four elements must be proven:

• Duty of care: The healthcare provider had a professional obligation to treat the patient.
• Breach of duty: That provider’s conduct fell below the accepted standard of care.
• Causation: The breach directly caused injury, illness, or harm.
• Damages: The patient suffered physical, emotional or financial harm as a result.

Common examples of Medical Negligence

While every case is unique, medical negligence can take many forms, including:

• Misdiagnosis or delayed diagnosis – overlooking symptoms, misreading test results or failing to refer to a specialist.
• Surgical errors – operating on the wrong site, leaving instruments inside a patient, or performing the wrong procedure.
• Medication errors – incorrect dosage, wrong prescription or failure to account for allergies or drug interactions.
• Lack of informed consent – not fully informing a patient of the risks involved in a treatment or procedure.
• Negligent aftercare – inadequate monitoring or follow-up after surgery or treatment.
• Birth-related injuries – avoidable trauma during childbirth, such as oxygen deprivation resulting in long-term conditions.

What can be claimed?

If medical negligence is established, you may be entitled to compensation for:

• Medical expenses (past and future)
• Loss of earnings
• Pain and suffering
• Loss of quality of life
• In serious cases, ongoing care or support services

In cases involving a fatal outcome, dependents may also be able to claim for:

• Funeral costs
• Loss of financial support

Why legal support matters

Medical negligence cases are complex. They often involve specialist testimony, extensive documentation and careful legal argument. Success depends not just on what went wrong, but on proving that what went wrong should not have happened.

An experienced legal team ensures:

• A clear and accurate assessment of your case
• Access to qualified medical experts
• Proper collection of evidence and medical records
• Time-sensitive steps are taken to preserve your right to claim
• Compassionate, strategic representation through every stage of the process

Know your rights

Healthcare providers in South Africa are legally bound to provide a reasonable standard of care. Under Section 27 of the Constitution, no person may be refused emergency medical treatment. If you or someone you love has been harmed due to negligent or improper care, you have the right to seek justice.

Take the first step

We approach medical negligence claims with sensitivity and precision. If you believe you’ve suffered harm due to substandard medical care, contact us for a confidential consultation. Let us help you find answers, and the compensation you deserve.