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Professional malpractice, in Johannesburg and in wider South Africa, refers to acts of negligence, omission, or wrongdoing by trained professionals. These can range from healthcare providers, lawyers, accountants to architects, and engineers. When these professionals fail to meet required standards and/or their actions, or inaction, cause harm or loss to their clients, it can be considered professional malpractice.
Due to the complex nature of professional malpractice cases, retaining a lawyer is usually essential. Situations where you might need legal help include if you've suffered losses or harm due to suspected negligence or misconduct by a professional; if you're a professional accused of malpractice and need to defend your practices or if there's a dispute over professional service delivery.
In Johannesburg, professional malpractice law primarily falls under civil law and is governed by the concept of 'duty of care.’ It asserts that every professional has to exercise their skills according to acceptable standards. If an act of negligence is identified, the negligent professional can be held legally accountable for resulting damages, either through regulatory disciplinary actions or through court-ordered compensation. In serious cases, malpractice can also be considered under criminal law, particularly if intentional misconduct is identified.
1. What constitutes professional malpractice? Professional malpractice is any action or inaction by a professional that deviates from the accepted standard of practice in their industry, causing harm to a client or patient.
2. How can I prove professional malpractice? Generally, you'll need to prove that a professional duty was owed to you, the duty was breached through negligence or omission, and as a result, you suffered harm or damage.
3. Can I sue for professional malpractice? Yes, if you've been harmed as a result of professional negligence or misconduct, you have the right to take legal action for compensation.
4. What is the statute of limitations for professional malpractice in Johannesburg? The Prescription Act, No 68 of 1969 provides a general period of three years for malpractice claims in South Africa, beginning from the date upon which the claimant becomes aware of the damage.
5. Can a professional malpractice case be settled out of court? Yes, many professional malpractice cases are settled out of court through negotiation between parties. This can be a quicker and less costly process than a court trial.
You can refer to the Law Society of South Africa and South African Legal Information Institute for more information on professional malpractice laws and regulations. In addition, the Health Professions Council of South Africa (HPCSA) provides guidelines for medical malpractice matters. Also consider consulting local law libraries and free legal advice clinics.
If you believe you have a professional malpractice case, your first step should be to gather all pertinent documentation and seek legal counsel. It's advisable to choose a lawyer who specializes in professional malpractice law. The Law Society of South Africa can assist in connecting you with a suitable attorney. Don’t delay in pursuing the case as there is a statutory time limit for filing professional malpractice claims.
