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Medical Negligence
Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case management, and all other matters relating to medical negligence litigation.
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Insights
Factors to consider before proceeding with a Medical Negligence claim
10 June 2024,
Lefevré Joubert
Before instituting a medical negligence claim a legal practitioner must consider the following key factors before advising a client to
...
proceed with a medical negligence claim, namely:
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1150
Article
Be careful not to let your medical negligence claim prescribe
29 May 2024
Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in
...
fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared i
show more
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158
Article
Why informed consent must be present for medical procedures
29 May 2023
People generally rely on their doctor’s knowledge and expertise when it comes to making an informed decision about treatment or
...
undergoing a procedure or not. This is a relationship of good faith and trust. Unfortunately, sometimes doctors get it wrong and fail to properly inform their patients of the inherent risks to a treatment or procedur
show more
READ MORE
845
Article
Factors to consider before proceeding with a Medical Negligence claim
10 June 2024,
Lefevré Joubert
Before instituting a medical negligence claim a legal practitioner must consider the following key factors before advising a client to
...
proceed with a medical negligence claim, namely:
show more
READ MORE
1150
Article
Be careful not to let your medical negligence claim prescribe
29 May 2024
Medical negligence cases are notoriously complex and often hinge on the difficulty patients have in establishing that there was in
...
fact negligent conduct by a medical practitioner and then having to institute action for the harm they have suffered. By this time, substantial time may have passed, and the possibility of prescription may have reared its head. In this article, we briefly look at prescription in the context of medical negligence cases and what our courts have to say.
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158
Article
Why informed consent must be present for medical procedures
29 May 2023
People generally rely on their doctor’s knowledge and expertise when it comes to making an informed decision about treatment or
...
undergoing a procedure or not. This is a relationship of good faith and trust. Unfortunately, sometimes doctors get it wrong and fail to properly inform their patients of the inherent risks to a treatment or procedure. When does such failure amount to a lack of informed consent?
show more
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845
Article
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Featured Insights
Capital gains distributions between trusts – who gets taxed?
03 December 2024
Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by
...
the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.
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6
Article
When and how can a trustee resign from a trust?
03 December 2024
There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this
...
article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust.
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4
Article
Can you challenge maintenance when you’re in arrears?
03 December 2024
The duty to maintain a child is of utmost importance. But what happens when your financial circumstances change, causing you
...
to fall behind on maintenance payments? Can you challenge the maintenance order in such a situation?
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6
Article
Capital gains distributions between trusts – who gets taxed?
03 December 2024
Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by
...
the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.
show more
READ MORE
6
Article
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