Medical negligence and malpractice from a proceduralist paradigm
Keywords:
medical, malpractice, negligence, proceduralist, law, casesAbstract
Medical malpractice in South Africa, has gained significant momentum over the years. Healthcare professionals have had to ensure that their practices are insured for indemnification for significant amounts, in lieu of medical malpractice claims. This has resulted in healthcare professionals over insuring for medical malpractice and negligence claims, to ensure that they get suitably allocated legal representatives as well as cover in certain instances for the quantum sued by the aggrieved party. The burden of proof is that the plaintiff bears the duty to discharge on a balance of probabilities. This means that the version that was presented is more probable than the Defendant’s version, however, it does not end there, as the healthcare professional must have committed negligence, in that the reasonable medical practitioner would not have shown in the circumstances presented by the plaintiff. The paper navigates the procedural perspective of discharging the onus of proof in medical malpractice and negligence claims.
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