Frequently Asked Questions
Medical malpractice in our law is established when a healthcare professional deviates from the standard norm expected from the reasonable healthcare professional in the prevailing circumstances.
Any person can sue once negligence has been established. What is important though is the prescription period of three years from date of cause. Prescription does not start running until a person turns eighteen. Prescription does not run against children or adults who sustained severe brain damage. In this regard our expert team will advise and guide you through this process.
What is important though is the prescription period of three years from date of cause. Prescription does not start running until a person turns eighteen. Prescription does not run against children or adults who sustained severe brain damage.
As claimant you have to prove on a balance of probabilities that the healthcare professional and/or institution deviated from the norm expected from a reasonable healthcare professional an/or institution.
We as your attorneys obtain hospital records, clinical notes as well as your version during consultation and do we then submit these documents to our world renowned panel of experts for their opinion. It will be necessary for you to consult our experts once a preliminary opinion has been formulated.
Our law firm handles medical malpractice cases on a contingency fee basis which is based upon guidelines from our Law Society. Under said guidelines, OJ Law, is entitled to a maximum of 25 % of the recovery made on behalf of the client, as a result of the successful finalisation of the case. We do not require the client to pay or defray any of the expenses of bringing and developing the case until such time as a recovery is made. At that time, those expenses will be deducted from the settlement proceeds.
The prosecution of a medical malpractice case is an expensive endeavor. The expense involved includes obtaining medical records and x-rays, consultations with expert witnesses, the cost of filing and preparing a case for trial, and the expense of presenting the case at trial.