Tag: medical malpractice

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes.

Are you aware that there is a prescription period for every claim? It would help if you were mindful of the prescription periods and how they apply to your claim. This article aims to explain the prescription periods, when they apply, and the exceptions to them. The prescription period is governed by the Prescription Act 68 of 1969 (the “Act”). 

The test for negligence is straightforward and summarised in the frequently cited judgment of Kruger v Coetzee 1966 2 SA 428 A at 430 E-H.

Medical malpractice litigation costs South Africa millions of Rands every year and drives up the cost of healthcare. While some claims of medical negligence have merit, the unfortunate reality is that there has been a spike in fraud in this area since 2017.

We now have the next (and final?) edition of the National Health Insurance Bill which, aspirationally and inspirationally, seeks to achieve universal access to quality healthcare services in the Republic of South Africa in accordance with section 27 of the Constitution.