Medical Negligence & Personal Injury Lawyers

Expert legal representation for medical negligence, hospital negligence, serious personal injury and
damages claims throughout South Africa.

When medical treatment goes wrong, the consequences can be devastating — physically, emotionally and
financially.

At O’Reilly Law, we assist individuals and families with complex medical negligence and serious personal
injury claims. We investigate what happened, assess whether the treatment fell below the required
professional standard, quantify the losses suffered, and pursue appropriate compensation.

Medical negligence claims are often medically and legally complex. We work with experienced advocates,
medical specialists and other expert witnesses where required to build and prosecute properly supported claims.

WHEN MEDICAL TREATMENT GOES WRONG

You may have a medical negligence claim if negligent treatment caused you harm

Medical negligence can arise in private hospitals, public hospitals, specialist practices, GP practices, dental
practices and other healthcare settings.

Typical matters include:

Unsure whether what happened amounts to negligence? Let us assess the circumstances.

OUR APPROACH

Building a medical negligence claim properly from the outset.

  1. Initial assessment and investigation
    We obtain the relevant history, medical records and supporting documentation and assess whether there are reasonable grounds for further investigation.
  2. Medical and legal expert assessment
    Medical negligence cannot ordinarily be established simply because treatment had an unfortunate outcome.
    Where appropriate, we engage independent medical experts and experienced counsel to assess the applicable standard of care, causation and merits of the claim.
  3. Quantifying your damages
    Depending on the circumstances, damages may include:
    • Past and future medical expenses
    • Past and future loss of earnings
    • Loss of earning capacity
    • Rehabilitation and care costs
    • Pain and suffering
    • Disability and loss of amenities of life
    • Certain dependant claims following death
  4. Litigation and settlement
    Once the claim has been properly investigated and supported, we pursue the matter strategically through negotiation or litigation.
    Our objective is not simply to institute proceedings. It is to build a claim capable of achieving a meaningful outcome.

WHY O’REILLY LAW?

Serious claims require serious legal representation.

Litigation-led approach:

Medical negligence claims are complex damages actions requiring proper litigation strategy.

Access to specialists:

We work with advocates and appropriately qualified medical and financial experts where required.

Commercial approach to litigation:

We assess merits, evidence, damages and litigation risk before committing significant resources.

Personal attention:

Serious injury matters require careful understanding of the individual and family affected.

Transparent fee arrangements:

We discuss the anticipated legal and expert costs upfront and, where appropriate, alternative fee arrangements.

DO I HAVE A MEDICAL NEGLIGENCE CLAIM?

A poor medical outcome does not automatically mean that negligence occurred.

Generally, a successful claim requires evidence that a healthcare professional or institution failed to exercise the degree of skill and care reasonably expected in the circumstances and that this failure caused legally recoverable harm.

Medical records and independent expert evidence are therefore often critical.

There are also prescription periods and procedural requirements that can affect medical negligence claims. Obtaining advice early is important.

WHO WE ASSIST

We assist clients who:

HOW WE ENGAGE

Medical negligence cases vary significantly in complexity.

Our process generally starts with an initial consultation and preliminary assessment. Where further investigation is justified, we agree on the next phase, including obtaining medical records and engaging appropriate experts.

Depending on the circumstances and merits of the claim, alternative or contingency-based fee arrangements may be considered.

FREQUENTLY ASKED QUESTIONS

The key question is not simply whether something went wrong, but whether the treatment fell below the legally required standard of care and caused you harm. Independent medical expert evidence is frequently required.

Potentially. Liability will depend on who was responsible for the negligent conduct and the particular contractual and professional relationships involved

Potentially, yes. Claims involving organs of state are, however, subject to particular procedural and notice requirements and should be investigated promptly.

Depending on the case, damages can include medical expenses, loss of earnings or earning capacity, care and rehabilitation costs and general damages.

Complex cases can take considerable time because medical evidence must be obtained, damages quantified and expert evidence prepared. Some matters settle before trial; others require litigation.

You deserve to understand what happened — and what your legal options are.

If you or a family member has suffered serious harm following medical treatment, speak to O’Reilly Law about whether further investigation is warranted.

Get in touch

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