If a healthcare professional's negligence caused you harm, you may have a delictual claim for damages. Report to the HPCSA and consult an attorney — there is a 3-year prescription period.
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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.
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“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.”
What to Do
Step-by-Step Guide
1Obtain your medical records immediately. Under POPIA and the National Health Act, you are entitled to your full medical records. Request them in writing from the hospital or practitioner.
2Get an independent medical opinion confirming that the treatment fell below the standard expected of a reasonable practitioner in the circumstances.
3Lodge a complaint with the HPCSA at hpcsa.co.za or 012 338 9300. This is for professional discipline — it does not give you financial compensation but it is an important step.
4Consult an attorney who specialises in medical negligence for a civil claim for damages. Many work on contingency for strong cases.
5For public hospitals, the claim is against the MEC for Health of the relevant province. A formal notice under Section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act must be given within 6 months.
What to Say
Exact Words to Use
“"I am entitled to my full medical records under the National Health Act. Please provide them within 7 days. I have also lodged a complaint with the HPCSA regarding the standard of care I received."”
Tone: In writing to the hospital or practice manager
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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.
Get Help Now
Resources & Helplines
HPCSA
012 338 9300
Report unprofessional conduct by a registered health practitioner.
Knowing the law is step one. The Advocate has scenarios on Health — practise the exact words to use, with audio, law references, and Scripture. Free to start.