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How Medical Negligence Claims Work

By December 31, 2022No Comments
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Medical negligence occurs when a patient is harmed due to a medical professional’s failure to provide adequate care. In order to bring a claim, the injured party must be able to prove that the injury sustained was caused by the medical professional’s negligence and that this harm could have been prevented. South African law requires that the harm must be directly caused by the medical professional’s actions or lack thereof.

Medical negligence and birth injuries

A serious medical incident as a result of medical negligence can be devastating for both the victim and their families. Alarmingly high rates of birth injuries in South Africa are caused by factors such as poor working conditions in state hospitals and a shortage of midwives. These conditions lead to dangerous and often life-threatening situations for both the mother and child. Birth injuries can lead to conditions like Cerebral Palsy, Erb’s Palsy, or Klumpke’s Palsy.

Making a personal injury claim for medical negligence

If you or your baby have been the victim of medical negligence that left you with a serious life-impacting injury, you may have a valid case to file a personal injury claim.

A medical negligence personal injury claim falls under general litigation, which means you will need to go through an attorney to file your claim. You won’t be able to do it alone. Choosing a personal injury attorney with specialised legal knowledge and experience in medical negligence cases, like Adendorff Attorneys Inc., is essential to avoid the disappointment of a failed claim.

With our help, you will have a far greater chance of getting the compensation you deserve either from the Department of Health or any other medical sector which might have caused the medical negligence. Adendorff Attorneys Inc. can help. 

Here’s how the process works:

  • Contact us to review your claim and determine if it is valid. There is no fee for this consultation. 
  • If your claim is valid and you choose us to assist you with your claim, we’ll investigate the various aspects of your case, request all the necessary documentation and issue Summons if necessary. 
  • Finally we’ll represent you in any legal proceedings. Once a suitable settlement is reached, or Judgement obtained, your claim will be paid out. Our zero-fee guarantee applies. No fees unless we win.

Our highly experienced team will support you through the claim process, making the journey to receiving your payout an easier one.

Why Choose Adendorff Attorneys Inc.?


At Adendorff Attorneys Inc., our experienced and dedicated legal team have an excellent reputation for helping victims of medical negligence obtain the financial compensation they need and deserve. Over the years, we have gained an excellent reputation for our expertise, tenacity and success. We don’t give up, and we always aim to win.

We understand every client’s needs are different, so we pride ourselves on offering personalised services tailored to each individual.

Having unmatched experience in handling personal injury cases with the Department of Health as well as the private medical sector is critical to getting the compensation a birth injury victim or medical negligence victim deserves. Our lawyers are personal injury lawyers who have years of experience dealing with the Department of Health and the private medical sector. We have won millions of Rands for our clients who have made personal injury claims as a result of medical negligence in South Africa.

Contact Adendorff Attorneys Inc. today for help

Make an enquiry today to discuss your serious injury with a legal expert to determine if you have a valid claim against the Department of Health or a provider of medical care. WhatsApp 082 216 3713 | info@aalaw.co.za