What is medical negligence and do you know all the facts?
We sat down with Olof Joubert, a medical malpractice attorney with specific interest in babies and young children who have suffered impairment as a result of negligence during the birthing process, who answers a variety of important questions for us, that we believe all parents and parents-to-be should be knowledgeable of.
Most parents are not aware of their rights to recover damages in this regard and in addition to this they cannot afford litigation in order to prove negligence. Olof’s practice takes care of these individuals.
He refers to his work as “trench fighting” and acting on behalf of vulnerable and indigent mothers and children against big corporate hospital groups as well as the Department of Health.
What is medical negligence?
Medical negligence is defined as a legal cause of action which occurs when a medical or health care professional deviates from the standards in their profession causing injury to a patient.
What counts as common cases of medical negligence?
There are so many causes eg: birth asphyxia as a result of prolonged birth which in turn causes brain damage.
Failure to clean wounds from stabbings etc which results in septicaemia.
Misdiagnosis of medical conditions.
Each case is different and unique.
How common is medical negligence during the birthing process?
It is very common, especially in our country.
Describe one of the cases you have worked on where medical negligence was presented?
My favourite inspirational story/case is the one about Nikelo who had a bilateral above knee amputation after she was initially treated for burn wounds to her arm. The fluid balance in her body was not properly controlled and she consequently developed gangrene.
She has a twin sister who is also such an awesome girl. We eventually got her blades and she is able to run today, she also does ballet. A true inspiration.
Medical malpractice claims are complex and require specialist expertise to prosecute successfully – how do you assist in this regard?
We have an exceptional world-class local, as well as international, panel of experts in all fields of medical negligence. They advise on the medical probabilities and we take it from there.
Where a birth injury is a result of medical negligence, the responsible medical professional and/or hospital may be legally liable to pay compensation to the victim or their immediate family – how is this proven?
One has to prove on a balance of probabilities that the doctor/hospital deviated from the norm. Thereafter, one has to prove that the damages were suffered as a result of this negligence. Sometimes more than 20 experts are appointed in order to cover all the heads of damages for our clients. One, for example, is an architect who will visit the clients current home and give a report on how the house should be adapted in order to make provision for a wheelchair.
How long does a typical case take from the time you accept the case, to court ruling?
Normally it is done within 24 months. However, COVID-19 has really had an impact on the court systems and therefore, we are now moving more towards 36 months.
If a medical practitioner fails to meet accepted standards of treatment and care expected in the specific situation and either acts or fails to act in a way that results in injury to the patient, it may constitute medical negligence – what guidelines are there for new parents who seek help in this regard?
Some important pointers – for brain injuries during birth:
- Long complicated birth- how long were you in labour?
- Did the baby cry after birth?
- Did the baby suck/latch well?
- Was the baby admitted to a neonatal intensive care unit?
- How long after birth was the baby discharged?
In premature births you also get retinopathy of prematurity injuries.
Is your baby blind? Premature? It might be retinopathy of prematurity which is totally reversible once screened for it but medical staff don’t usually do that.
At OJ Law, they are committed to representing South African individuals and the families of individuals who have suffered serious injury or loss of life due to the carelessness or negligent conduct of others.
