The Law behind Medical Malpractice

• • Medical malpractice liability is incurred when patients suffer damages which may be attributed to sub-standard care provided by health
    practitioners or hospital personnel involved in the patient’s treatment. The grounds for a malpractice claim can be based in either contract and/or delict and is governed by the law of obligations.
    
    Health care practitioners should ensure that they adhere to the standard of care expected of them in their particular branch of medicine.
    Failure to do so can result in medical liability being incurred for:-
    
    • Breach of a legal duty;
    
    • Professional negligence;
    
    • Assault due to a lack of informed consent;
    
    • An invasion of privacy as a result of unwarranted disclosure of details concerning a patient;
    
    • The performance of an unnecessary procedure;
    
    • Breach of contract should health care providers fail to perform the medical intervention agreed on.
    
    Malpractice suits are retrospective in the sent that they seek to remedy past wrongs. The litigation resolves the dispute but not the institutional
    problems. Remedies that seek to resolve problems for the future should be considered for long-term sustainable solutions.
    
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    Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
    stems from a desire to improve upon the lives of the vulnerable who fall prey to a
    corrupt system.
    I studied at the University of Johannesburg where I obtained my Bachelor of Laws
    degree, the starting point to the long journey of becoming a legal practitioner.
    This profession has taught me to persevere through the complexities of the law and to
    continually develop my skills as a legal professional.