PRACTICE AREAS

SCHEDULE A CONSULTATION

Medical Negligence

We assist and evaluate based on the facts whether an injury or death to a patient was caused as a result of a health care provider's negligence or below standard actions or treatment.

To establish negligence the following elements must be proven:

1. A legal duty for treatment or care existed between the patient and the hospital or health care provider.

2. This duty was breached or was below standard.

3. As a result an injury or death occured.

4. Damages as a result of the injury or death must exist.

If the elements as above are present, compensation can be sought from the negligent health care provider.

High Court Matters

Litigation in the High Court can be by way of either summons or motion proceedings.

Motion Proceedings is based on a dispute which is argued on "paper" consisting of affidavits and interpretation of laws. It is a shorter process.

Summons must be issued when there is a factual dispute and verbal evidence will have to be lead. It is a longer process and the matter will proceed in court once a trial date has been allocated.

The Attorney, after consultation with the client, will advise which option is the best way forward.

Delictual Damages

We assist in claiming delictual damages, in other words when one person claims compensation from another for harm that has been suffered.

Damages consists of the following:

- Patrimonial damages , for instance medical costs, loss of income and the costs of repairs .

- Non Patrimonial damages, for instance pain and suffering and disfigurement .

- Financial damages

We will ascertain if the following element of a delict is present:

- Whether any harm was sustained by the client

- Was the action wrongful

- Is there a causal connection between the actions of the wrongdoer and the clients harm

Magistrate Court Matters

We handle matters in both the Magistrate Court and Regional Court.

These Courts have jurisdiction in matters where the claim amount is less than

R 400 000.

Road Accident Fund

If you are injured in a motor vehicle accident,

(for which you are not to blame) you can lodge a claim for compensation for the injuries sustained against the Road Accident Fund.

You can also claim loss of support if your spouse or parent passed away in a motor vehicle accident, and you were dependant on his or her financial support.

We have a excellent team with 40 years of experience between them.

We can assist on a contingency fee basis or on hourly tariff.