Birth injury and obstetric malpractice cases

FAQ for Birth injury and obstetric malpractice cases

What is a birth injury?

A birth injury is any harm that occurs to a baby during the labor and delivery process. This can include physical injuries such as brain damage, nerve injury, or fractures.

What is obstetric malpractice?

Obstetric malpractice refers to the negligence or breach of duty of care by a healthcare provider during the prenatal, labor, or delivery process. This can include misdiagnosis, failure to monitor, or mistakes during delivery.

How can I determine if my baby’s injury was caused by medical malpractice?

To determine if your baby’s injury was caused by medical malpractice, it is important to consult with an experienced birth injury lawyer. They can review your medical records and consult with medical experts to determine if there was a breach of duty of care.

What damages can I recover in a birth injury or obstetric malpractice case?

You may be able to recover damages for medical expenses, lost wages, pain and suffering, and future care costs for your child.

How long do I have to file a birth injury or obstetric malpractice lawsuit?

In South Africa, you typically have three years from the date of the injury to file a medical malpractice lawsuit. However, it is best to consult with a lawyer as soon as possible to ensure your case is filed within the appropriate time frame.

How much does it cost to hire a birth injury lawyer?

Many birth injury lawyers work on a contingency fee basis, which means they only get paid if you receive a settlement or win your case. You can discuss fees and payment options with your lawyer during your initial consultation.

What should I do if I suspect my baby has suffered a birth injury?

If you suspect your baby has suffered a birth injury, it is important to seek medical attention immediately. You should also consult with an experienced birth injury lawyer to discuss your legal options.

Medical lawyers in South Africa specialize in the legal aspects related to healthcare and medical practice. They handle cases involving medical malpractice, patient rights, healthcare regulations, and medical ethics. In South Africa, medical law is governed by various statutes and regulations, including the National Health Act of 2003. This act outlines the rights and responsibilities of patients, healthcare providers, and healthcare institutions. The Health Professions Council of South Africa (HPCSA) is the regulatory body responsible for the registration and oversight of healthcare professionals. To learn more about medical law in South Africa and the HPCSA, you can visit the following links:

1. National Health Act: https://www.gov.za/sites/default/files/2021-03/national_health_act_61_of_2003.pdf
2. Health Professions Council of South Africa (HPCSA): https://www.hpcsa.co.za/