Medical negligence and malpractice
For patients and families who believe substandard healthcare caused avoidable harm.
What this covers — and what it doesn't
Medical negligence claims deal with harm caused by healthcare that fell below the standard reasonably expected of the profession — for example a missed diagnosis, a surgical error, a medication mistake, or treatment without properly informed consent.
These matters are technically demanding. A poor outcome, on its own, is not proof of negligence: medicine carries risk even when everything is done properly. What must be shown is that the care fell short of accepted standards and that the shortfall caused the harm. Independent medical experts are usually needed to establish both.
Our role is to obtain and analyse the records, brief the right experts, and give you a straight answer about whether a claim has merit — before costs are run up pursuing one that does not.
- A diagnosis that was missed or seriously delayed
- Complications from surgery that may point to an error
- Medication or dosage mistakes
- Birth injuries affecting mother or child
- Treatment carried out without properly informed consent
Examples only — never a conclusive legal test. Whether a claim exists always depends on the facts and evidence of the specific matter. These are examples of situations worth assessing — not a checklist that proves negligence. Please do not share detailed medical information through public forms; we will request records through a secure channel once we are engaged.
What to keep safe, starting now
- Request copies of your medical records from every provider involved — you have a right to your own records
- Keep all accounts, scripts, appointment cards and correspondence
- Write down the timeline of treatment while you remember it
- Note the names of practitioners and facilities involved
- Do not confront providers or post about the matter on social media while it is being assessed
Medical negligence claims are subject to prescription, and claims against public hospitals involve statutory notice periods that can be very short. Get advice before time runs out.
Leshilo Attorneys Incorporated · 11 Rabe Street, Corner President Paul Kruger Street, Polokwane Central, Polokwane · 015 280 0070 · leshiloattorneys.com
The path to resolution
High-level stages — matters differ, experts may be involved, and honest uncertainty is part of proper advice.
Fees are agreed in writing before work starts — no verbal fee promises, here or anywhere. Depending on the matter, regulated contingency ("no win, no fee") arrangements may be available, subject to the legal caps and formalities. How fees work, in plain language.
Tell us what happened
In broad terms only at first — no detailed medical disclosures through public channels.
Records and screening
We obtain the records through the proper channels and screen the matter, with expert input where justified.
Honest merits advice
We tell you plainly whether the evidence supports a claim. Not every poor outcome does.
Claim and litigation
Where merits exist, we quantify the harm with experts and pursue the claim against the responsible providers or the state.
- Is a bad outcome enough to claim?
- No. Medicine involves risk, and complications can happen without negligence. A claim needs evidence that the care fell below accepted standards and that this caused the harm. Expert analysis is usually required before that can be said.
- Can I claim against a public hospital?
- Claims against state healthcare are possible, but they involve statutory notice requirements with short time limits, so early advice matters even more.
- How long does a medical negligence matter take?
- Longer than most claims — records, expert reports and the seriousness of the allegations demand thoroughness. We keep clients informed at each stage rather than promising quick outcomes.
Answers last reviewed 15 July 2026 · Jurisdiction: South Africa · see the disclaimer.
Who works on these matters
From the briefing room
Medical negligence: what a poor outcome does — and does not — prove
Medicine carries risk even when everything is done properly. What separates a tragic outcome from a negligence claim, and how the assessment actually works.
Prescription and time limits: why waiting can cost you your claim
Claims expire. Some quietly, some quickly, and some in ways that surprise people — notice periods for state defendants, special RAF rules, and the narrow exceptions. Why 'I'll deal with it later' is the most expensive sentence in personal injury law.
The confidential next step.
Call during office hours, or open a confidential enquiry — it reaches only authorised staff, never a marketing tool.
Submitting an enquiry does not create an attorney-client relationship. We confirm receipt, review conflicts and suitability, and agree any engagement in writing.
This page is general information, not legal advice. No attorney-client relationship exists until an engagement is agreed in writing. Outcomes depend on the facts, evidence and law of each matter, and past results do not guarantee future outcomes. Deadlines can be short — do not rely on this website to determine or preserve them.