Jacobus & Baloyi Inc.
Jacobus & Baloyi
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Delayed Surgical Care

Medical Negligence

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About This Case

Background

A delay in receiving surgery or any serious medical attention when it is urgent can have serious consequences, as it seems to appear all too often in South Africa. It is important for hospitals to have processes in place to ensure that patients receive timely and appropriate care, and it is unfortunate when those processes fail.

Urgent surgery was required to drain the septicaemia from the hip but only happened two days later. The increase in body temperature caused by the delay resulted in cardiac arrest. The child suffered permanent brain damage.

Legal Strategy

  • arrow_rightPreliminary investigation (collation of sequence of events, study of hospital records)
  • arrow_rightAppointed medical experts to identify the damages and direct causal-link
  • arrow_rightLitigation (summons to actual trial)
  • arrow_rightAppointment of curators

Result / Implication

  • verifiedCourt Order for payment of general damages, loss of future earnings and medical expenses
  • verifiedPayment of funds into trust established to administer funds on behalf of the minor child

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