Medical Negligence A valuable new area of

Transcript:Medical Negligence A valuable new area of:
Medical Negligence A valuable new area of specialisation for your firm Presented by: Renier Jacobs Christopher Consulting Presenter Renier Jacobs 18+ years experience in medical negligence Qualified attorney Worked at MacRoberts, Friedman and Webber Wentzel Head of Medico-legal division of Christopher Group Presenter Image Introduction Introduction Specialised field of law Gain experience in variety of matters New fee generation opportunity Opportunity to differentiate your client offering Overview Agenda Components Process Covid-19 Practical example Christopher Consulting Questions Components Components Who must be sued? Recoverability Negligence Causation Quantum Who must be sued? Establish who must be sued Private sector Nursing staff: hospitals Doctors: personal capacity Public sector Doctors and nurses: MEC for Health Recoverability Establish recoverability of damages Financial position of defendant? Private hospitals – insured State hospitals – MEC for Health Private doctors – Medical Protection Society (“MPS”) Important for high value matters such as obstetric claims Negligence Instruct expert in the field to comment Medical negligence claim – Contract - agreement between client and defendant Delict - Breach of legal duty/duty of care Particulars of Claim to cover both elements Negligence vs unprofessional conduct Reasonable nurse/doctor test Causation Most difficult to prove Complications, pre-existing conditions, post-incident injuries Complete set of medical records Onus of proof – balance of probabilities Practical Tip Ask expert whether correct behavior by potential defendant would probably or possibly have caused a different outcome? Only possibility ≠ causation Quantum Quantify damages 5 Heads of damages Past hospital and medical expenses Future hospital and medical expenses Past loss of earnings Future loss of earnings General damages Poll Question Doctor X performs surgery on client at a private hospital. Client complains that nurses failed to take steps when he complained after the operation that he could not move his right leg. Client says that when doctor examined him the next day, doctor noticed he could not move his right leg. Doctor assured him it would get better. Doctor only commenced investigations into the client’s condition after 3 days. Poll Question What steps should you take? Consider suing the MEC for Health Considering suing the nurses in their personal capacities Consider suing the private hospital and the doctor Consider suing the doctor Consider suing the private hospital Process Process Consultation Chronological account of events Set aside sufficient time Adequate information to assess 5 components Practical Tip Compile a standard questionnaire to be completed during the consultation and remember to