Medical Negligence

Damages include financial loss related to hospital bills, loss of income as a result of an inability to work or any kind of pain and suffering – physical, mental or emotional.

Enver Swartz Attorneys understands that the medical negligence litigation process can be traumatic and difficult for a client, which is why we ensure that – before any litigation is initiated – the case has the merit, proof and potential to be successful.

With over 28 years of experience, Enver Swartz Attorneys know what to look for. In medical negligence cases, we consult with the best health care practitioners in the fields related to each case.

Our panel of expert medical professionals includes general surgeons, neurosurgeons, paediatricians, psychologists, psychiatrists, plastic surgeons, orthopedic surgeons, pharmacists, neonatologists, obstetricians/gynaecologists, paediatric neurologists, clinical genetics experts and diagnostic radiologists.

Our panel of experts to assist in the quantification of claims after successfully establishing liability include: speech and language pathologists & audiologists; physiotherapists; orthopaedic surgeons; architects and quantity surveyors; specialist physicians; life expectancy experts; mobility experts; occupational therapists; industrial psychologists; medical economists and actuaries

It is not uncommon for hospital employees to destroy or falsify hospital records. There is a legal duty on doctors and nurses at hospitals to record the treatment accorded to patients. They must ensure the safe custody of the contents of patient files. Sections 13 and 17 of the National Health Act No. 61 of 2003 places a clear duty on the hospital record custodian staff to safeguard hospital records.

Enver recently argued a matter where the hospital staff deliberately “lost” the hospital records to escape liability. The judge was scathing in his comments when he said:

“My view is that the disappearance of medical records in respect of the same patient from the clinic and from the hospital is a strange coincidence which cannot be taken with a pinch of salt. Common sense and logic suggest that these medical records at both institutions were deliberately removed by the same person(s). An evil hand is at work here……It is not for the Court to speculate who the possible ‘thief” of these documents is…”

Despite the disappearance of the hospital records, the Court nevertheless ruled in favour of our client:

“The Court finds that the nurses failed to respond timeously so that they could have facilitated delivery of the baby without delay. A reasonable nurse under the circumstances would have given prompt attention to the plaintiff. They failed to do so and this led to the process of labour being prolonged. It is this delay which caused the unborn child to be born without crying because he was not breathing. The whole problem which the plaintiff and Oarabile encountered are a direct result of the unprofessionalism and despicable behaviour of the hospital nurses during that night of the incident. The defendant cannot escape delictual liability under these circumstances”.