Direct Answer
Medical negligence occurs when a healthcare professional fails to meet the standard of care expected of a reasonable practitioner, causing harm. You can report to the Health Professions Council of South Africa (HPCSA) for professional discipline and pursue a civil claim for damages in the High Court. Claims must be brought within 3 years of discovering the harm.
What the Law Says
Your Legal Foundation
Health Professions Act 56 of 1974
Section 41
“Any person may lay a complaint with the HPCSA against a registered health practitioner for unprofessional conduct.”
National Health Act 61 of 2003
Section 6
“Every health care provider must obtain the informed consent of a patient before treating them, inform them of their rights, and ensure their health and safety.”
Constitution of South Africa
Section 27
“Everyone has the right to have access to health care services.”
Common Questions
Frequently Asked Questions
How long do I have to claim for medical negligence?
Generally 3 years from the date you became aware of the negligence and the identity of the responsible party (the "discovery" rule). For minors, the 3-year period only begins running when they turn 18. For public hospitals, note the 6-month notice requirement.
Is a bad outcome the same as negligence?
No. Medicine is not an exact science and bad outcomes occur even with proper care. Negligence requires that the practitioner's conduct fell below the standard of a reasonably competent practitioner in the same situation. Expert medical evidence is almost always required.
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