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Medical Law

Specifics of international Medical law.

Marivate Attorneys is an Authority on Personal Injury Law and Medical Law and we render our services on a national level, our experience includes acting for people in areas like public liability, insurance disability, and medical negligence (i.e. misdiagnosis, wrong diagnosis, surgical errors, dental errors, Birth injuries and other forms of medical malpractice).

The founder of the firm, Mr. Marivate also attended a course in Medical Law, which course featured the main principles of Medical Law. These included:

  • The doctor/hospital and patient relationship
  • Litigation founded on contract, alternatively delict or both
  • The test for medical negligence, and
  • Defenses available to the defendant, including the issues of causation

We are familiar with the contents of Health Legislation like the Health Professional Act, 1974 (Act 56 of 1974), Health Profession Act, Rules of Conduct (GG 26497, Regulation Gazette 7991) 2nd July 2004, and Board Notice 138 of 2012, same being the proposed Amendments to the ethical rules of conduct for practitioners registered under the Health professional Act, 1974, to mention but a few.

 

Our firm has been placed on the panel of the Road Accident Fund.  We assist the fund in defending all litigation matters where summons have been issued against our client emanating from, but not limited to, all third party claims.

We draft and exchange pleadings with the Plaintiff, (i.e. claimants) attorneys until the claim is finalized.

In assessing our client’s claims, and the injuries they have sustained, we refer them to medical specialists to conduct medical assessments and compile Medico-Legal Reports for us, such specialists include, Orthopaedic Surgeon, Occupational Therapists, Industrial Psychologists, Psychiatrists, Clinical Psychologists, and Actuaries, to help in calculating the actual loss suffered.  Once we are in possession of the Medico-Legal reports it will be for the legal practitioner to peruse and interpret same in determining and deciding our claim.

Do you need legal help or consultance? Contact us now.