Surgical errors and misdiagnosis claims

FAQ for Surgical errors and misdiagnosis claims

What is a surgical error claim?

A surgical error claim is a legal claim made against a medical professional or facility for a mistake made during a surgical procedure that causes harm or injury to the patient.

What is a misdiagnosis claim?

A misdiagnosis claim is a legal claim made against a medical professional or facility for a failure to diagnose or a misdiagnosis of a medical condition that causes harm or injury to the patient.

What types of injuries can result from surgical errors?

Surgical errors can result in a variety of injuries, including nerve damage, organ damage, infection, and even death.

What types of injuries can result from misdiagnosis?

Misdiagnosis can result in delayed treatment, incorrect treatment, or no treatment at all, which can lead to serious harm or even death.

How do I know if I have a surgical error or misdiagnosis claim?

If you have been harmed as a result of a surgical error or a misdiagnosis, you may have a legal claim. It is important to consult with an experienced attorney to determine your rights and options.

What damages can I recover in a surgical error or misdiagnosis claim?

You may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses resulting from the harm caused by the surgical error or misdiagnosis.

What is the statute of limitations for filing a surgical error or misdiagnosis claim?

In South Africa, the statute of limitations for medical malpractice claims is generally three years from the date of the injury or the date that the injury was discovered.

Do I need an attorney for a surgical error or misdiagnosis claim?

It is highly recommended that you consult with an experienced attorney who specializes in medical malpractice claims to ensure that your legal rights are protected and that you receive the compensation you deserve.

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/