Ipfani Makhuvha Attorneys
Litigation Services

Medical Negligence

Expert representation for patients harmed by medical negligence, pursuing compensation for injuries, additional medical costs, and loss of quality of life caused by healthcare failures.

About Medical Negligence

Medical negligence claims arise when healthcare professionals fail to meet the standard of care expected in their profession, resulting in harm to patients. These are complex and sensitive matters that require specialised expertise in both law and medicine. Patients who have suffered because of medical errors deserve compensation and accountability, and we are committed to pursuing these claims thoroughly and compassionately.

Medical negligence is established through common law delict principles. A patient must prove that the healthcare provider owed a duty of care, that this duty was breached by failing to exercise the standard of care reasonably expected, and that this breach caused harm. The standard of care is not perfection—even competent doctors make mistakes—but rather the standard a reasonably competent doctor in that speciality would have met. We work with expert witnesses, typically specialists in the relevant medical field, to establish breaches of the standard of care.

These claims are regulated by the National Health Act, which sets out obligations for all healthcare providers. The Health Ombudsman also plays a role in investigating complaints about health services. Depending on whether harm occurred in public or private healthcare settings, different processes may apply. We advise on all available remedies, including civil claims, complaints to professional bodies, and engagement with ombudsmen.

Quantifying medical negligence claims requires careful calculation of past and future losses. Patients may have incurred additional medical costs, rehabilitation expenses, and lost income. They may face ongoing medical needs, loss of earning capacity, and diminished quality of life. We engage with actuaries and economists to ensure damages are properly valued, reflecting both economic loss and non-pecuniary harm.

Medical negligence litigation is lengthy and costly, requiring expert evidence and careful preparation. We understand the emotional burden on patients and families affected by medical errors. We handle these matters with sensitivity whilst pursuing claims vigorously to secure full accountability and compensation.

Common Matters We Handle

  • Pursuing a claim for surgical error or anaesthetic mishap resulting in permanent injury
  • Claiming compensation for misdiagnosis that delayed treatment and worsened health outcomes
  • Seeking damages for birth injury caused by obstetric negligence
  • Recovering costs and damages for medication errors or treatment protocol breaches
  • Claiming for failure to obtain informed consent prior to medical procedures
  • Pursuing damages for psychiatric injury caused by negligent medical care or advice

Frequently Asked Questions

You must prove four elements: (1) the doctor owed you a duty of care; (2) the doctor breached that duty by failing to meet the standard of care a reasonably competent doctor would have met; (3) the breach caused your injury; and (4) you suffered loss or damage. Expert medical evidence is typically needed to establish breach of the standard of care.
The standard is not perfection. It is the standard a reasonably competent doctor in that speciality would have met in the same circumstances. Doctors are entitled to exercise clinical judgment, and even if their decision might not have been the choice of another doctor, they are not negligent if their choice fell within the range of decisions a reasonable doctor might have made.
The prescription period is three years from the date you became aware (or reasonably should have become aware) of the negligence and the harm caused. For children, the period runs from when they turn 18 or become aware of the negligence, whichever is later. Early legal advice is important to avoid prescription.
Damages include past medical costs, past loss of income, pain and suffering, loss of enjoyment of life, future medical costs, future loss of earning capacity, future care needs, and other losses flowing from the negligence. Each case is unique and depends on the severity of injury and impact on the patient's life.
Yes, in virtually all cases. You must call expert medical evidence to establish that the defendant doctor breached the standard of care. The expert must be a reasonably senior doctor in the relevant speciality who can testify about what the standard of care required and how it was breached.
Informed consent is the patient's agreement to a procedure after being given adequate information about risks, benefits, and alternatives. A doctor is negligent if they perform a procedure without informed consent, even if the procedure was performed competently. The doctor must disclose material risks, particularly those a reasonable patient would consider significant.

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