Founder of Zikalala Attorneys, Mpumelelo Zikalala, on what South African patients are entitled to when medical negligence occurs.
Katlego Sekhu
Medical malpractice is one of those issues that affects more South Africans than most people realise, and far too few know what they are entitled to when things go wrong.
Sizwe Dhlomo opened the conversation on Siz The World by sharing two personal stories.
The first involved a friend’s family member who went for a procedure at a hospital in the Free State. The general practitioner botched the operation, and when the patient sought further attention, they were repeatedly put on hold.
Hours passed and the wound went septic. The patient was transferred to Johannesburg for emergency intervention and is currently in an induced coma. The second story involved someone who went to a government hospital for a minor procedure on a finger and left without a hand.
Sizwe brought in Mpumelelo Zikalala, founder of Zikalala Attorneys, to break down what patients are actually entitled to and why so few of them ever pursue it.
Zikalala explained that malpractice claims generally cover three categories of damages.
General damages for pain and suffering, special damages for actual expenses incurred, including hospital bills, ambulance costs and medical fees, and legal costs. The challenge, he noted, is that “most people do not even realise they have a claim”, particularly when complications arise gradually.
He also pointed to something many patients overlook. The consent form signed before a procedure can significantly limit a patient’s ability to sue, as it is effectively an acknowledgement that the doctor will do their best and that outcomes cannot be guaranteed.
Cost is the other barrier. Pursuing a malpractice claim requires medical experts to examine the patient, compile reports, and testify in court. That expense alone stops many legitimate claims before they begin, particularly for patients who sought public healthcare precisely because they could not afford private care.
Listeners called in with their own experiences. Stories of botched plaster casts, a cataract removal that left a mother permanently blind, and a child circumcised without parental consent during an unrelated procedure.
To hear the full conversation, listen to the podcast.
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