A personal injury claim is a claim for damages, which a person has suffered as a result of injuries sustained in an accident or as a result of the death of his or her breadwinner in an accident. As a rule, the accident must have been caused by the negligence of another person. The most common personal injury claim is for damages suffered by a person, as a result of being injured in a motor accident or where a person’s breadwinner is killed in a motor vehicle accident. Other examples of accidents, which may lead to personal injury claims, are being bitten or injured by a dog and slipping and falling in a shopping centre, on business premises or in a public area. Joubert Scholtz Inc can assist any victim who has suffered a personal injury either to him or herself or to a breadwinner in a family at the hands of a negligent third party. All personal injury claims are thoroughly investigated to ensure success and to maximize compensation.
The law requires a medical professional to exercise reasonable skill and care when treating a patient. Failure to observe this standard will result in the professional being liable to their patient for damages. Patients may be reluctant to pursue litigation against their treating doctor but one should keep in mind that there is a trust relationship which exists between a doctor and his or her patient. That trust relationship creates rights. The rights arising in delict and they also arise in terms of an oral contract or agreement concluded when a doctor agrees to consult a patient. The following circumstances could potentially give rise to a claim for medical negligence: Failure to employ a recently developed, but widely acknowledged method of treatment, with resultant prejudice to the patient; knowingly performing surgery or embarking on treatment without the necessary knowledge or experience; Incorrect diagnosis or misdiagnoses of a condition; a delay in diagnosis or treatment leading to prejudice to the patient; failing to provide sufficient warning of the risks associated with a medical procedure or treatment; failing to inform the patient of alternative treatments or procedures. Joubert Scholtz Inc is in an excellent position to investigate and litigate all aspects pertaining to medical negligence matters and to achieve the best possible result, leaving no stone unturned in the process.