What this involves
There is generally a three-year prescription period from when you knew, or should reasonably have known, of the negligence. Tell us what happened and roughly when below.
To succeed, a claim must show the practitioner owed a duty of care, breached the applicable standard of care, and that the breach actually caused the harm suffered — each element typically needs its own independent expert opinion in the relevant medical specialty, which is why these claims take longer and cost more to assess than most civil matters.
Prescription generally runs three years from when you knew, or reasonably ought to have known, of both the harm and that it was caused by negligence — not necessarily the date of the treatment itself, which matters for injuries that only become apparent later.
Claims against public hospitals or provincial health departments carry additional procedural requirements, including statutory notice periods under the Institution of Legal Proceedings against Certain Organs of State Act, which we build into the timeline from the outset.
How long does it take?
These claims usually take 12 to 24 months to assess and negotiate given the expert evidence required, and longer still if litigation becomes necessary.
What will it cost?
R9 000 to R18 000 excl. VAT
Covers: Initial assessment of the records and your prospects. Ask us whether a contingency-fee arrangement may suit your claim.
Based on 6 to 12 hours of Attorney time at our rate of R1 500 per hour, excluding VAT.
This is an estimate, not a quote. The final fee depends on the facts and how complex your matter turns out to be, and your Attorney confirms it in writing before work starts. Court fees, sheriff’s fees, counsel and other disbursements are charged separately.
Ask for a firm quoteThis page is general information, not legal advice for your situation. See our Disclaimer.