THE LANDSCAPE

The growth in medical negligence litigation over the last few years has numerous contributing and interlinked factors. With medical specialists and health budgets spread too thin and a growing awareness of patient’s rights, South Africa has seen an exponential increase in both the number and size of medical negligence claims.
Amendments to the Road Accident Fund legislation have also resulted in many personal injury attorneys turning their attention and expertise to the litigation of medical malpractice claims.

The nature of a medical negligence claim is a highly sensitive one, requiring investigation, analysis and testimony from an array of specialised experts in the fields of medicine and actuarial science. There is a significant amount of time and expense incurred in the building of a solid case.

The process of litigation can take years and it is only at this point that a firm is able to recoup its cost and receive its fee. Many law firms are unable to pursue worthy medical malpractice cases due to a lack of liquid funds required to prove case merit through the securing of expert testimony. Furthermore, these firms may be constrained from a growth point of view due to limited cashflow.