Medical malpractice claims – is it a get-rich-quick scheme?

30 June 2022,  Japie Kruger 2115
Far too many times clients walk in to my office with the mistaken belief that they have a valid medical malpractice claim that’s going to pay out millions. Maybe American TV shows or some high profile reported cases in the media are to blame for this, but reality is quite different to TV shows and it is then often my unenviable job to dash hopes and provide some perspective. Medical malpractice claims are complex, notoriously difficult to win and very, very lengthy before any payout is achieved, should you be successful.

So does this mean you should not pursue a valid medical malpractice claim? Of course not! It just means that the reality of this litigation must be understood, and in this blog I will hopefully shine some light on the complexities surrounding such cases.

To start with, I think it important to tackle head-on the reason in my mind why medical malpractice suits are not straightforward. The most glaring issue is that any medical treatment and/or surgical procedure has a percentage of potentially recognised complications. This means that there will always be a percentage of patients who have undergone the same treatment or procedure and who have encountered these complications. This takes away black-and-white and replaces it with a grey area within which there is room to argue that what happened was an expected or unavoidable complication rather than negligent conduct. 

This implies that should you have suffered complications, it does not mean that you are automatically entitled to compensation, as liability only arises with fault and the complication may have been unavoidable despite diligence and skilled care being provided. 

So now the argument becomes whether the complication was unavoidable or due to negligence. Enter the role of the medical expert….

To prove fault, many role players will need to be brought into play by your team to show that there was negligence and also by the opposing side to show that there wasn’t. Your case may therefore require a range of medical experts depending on the nature of the complication, and could include orthopedic surgeons, gynaecologists, pediatricians, educational psychologists, occupational therapists etc. These experts together with your attorney will form the team that will run your case for you to firstly prove negligence and secondly the scope of damages suffered - as is legally referred to as the quantum of damages - which may include not only actual incurred expenses, but also future expenses, loss of income and other damages. 

All of this takes time and must be done correctly and by a team that really understands the finer nuances and complexities of such litigation. This team, led by your attorney, must ensure that your case has merits, is not under-settled or delayed in being finalized, but driven with determination, purpose and expertise to get you the compensation you deserve and need to deal with your medical situation.

The above should hopefully provide some perspective on why medical malpractice claims are not a get-rich-quick option. At the same time, if you have suffered and believe there has been malpractice involved by the institution, staff or doctors that were supposed to care for you, don’t be discouraged by what I have said. 

Just make sure you approach an attorney who specialises in these matters so you are in good hands and provided with an informed opinion as to the merits of your case.


Disclaimer: This blog is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s). 

Related Expertise: Medical Negligence
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