Court turns down quadriplegic boy's medical malpractice claim
The court has turned down a multimillion-rand claim against health authorities by the parents of a then 6-year old boy who suffered a slight bump on the head and is now left with spastic quadriplegia.
The parents of the pupil had rushed him to a Western Cape hospital in 2011 after he had suffered a slight bump on the head to which the doctor on duty examined and concluded he had suffered a minor injury and was discharged.
Law firm Adams & Adams associate Mthokozisi Maphumulo says that people have the right to take a particular medical institution and personnel to court and claim for medical fees or negligence.
He added that people have a great chance of winning the case most of the time but will need to have expert witnesses with in-depth evidence and a credible witness.
Maphumulo says when he looked at the judgment of the quadriplegic boy, he found it to be fair and due to the number of judges who looked at the case he does not see the parents of the child succeeding if they decide to take it to the Constitutional Court.
I do not see a greater chance of success should the matter be taken to the Constitutional Court.Mthokozisi Maphumulo - Associate at Law firm Adams & Adams
The court found the doctor at the time of examining the bump on the head truly believed it was not serious and she could not be faulted
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