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Leading Attorneys in South Africa specialising in: Medical Law • Medical Malpractice • Medical Negligence  • Hospital Negligence • Road Accident Fund Claims • Third Party Claims   • Personal Injury • Product Liability Labour Law • Aviation Accident Law
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  • Medical Negligence in the wake of the National Health Insurance (NHI) in South Africa

    Medical Negligence in the Wake of the National Health Insurance (NHI) Medical Negligence can be defined as a negative consequence of a medical treatment that could have been avoided by the medical practitioner. This includes mistakes such as surgical instruments being left in a patient after surgery, incorrect medicine administration leading to severe injury, surgical

  • Tzvi Brivik presented at the Global Justice Network Symposium in London

    Tzvi profile with MLB logo

    Our very own Tzvi Brivik presented at the Global Justice Network Symposium held in London in September 2017.   The purpose of the symposium was to exchange ideas which are cutting edge by various leaders in civil litigation more particularly Plaintiffs’ Personal Injury Litigation from around Europe, the United States and the United Kingdom. The presentations varied from a discourse on

  • PHASA membership

    PHASA certificate of Membership

    Tzvi Brivik is now a member of the Public Health Association of South Africa (PHASA).   The Public Health Association of South Africa wants to build an association of those involved in health and health-related activities to promote greater equity in health in South Africa. PHASA advocates equitable access to the basic conditions necessary to

  • State fails to treat member of the military

    Medical Lawsuit

    The Western Cape High Court has ruled that the Minister of Defense is liable for the damages suffered by a corporal of the South African Air Force, when he was a victim of what Judge Allie, the presiding High Court Judge, described in her judgment as the particularly cavalier attitude of 2 Military Hospital’s doctors

  • Registration of Trade Unions

    Graphic with three people demanding change

    Section 95(1) of the LRA states that any trade union may apply for registration if: it has adopted a name that does not resemble that of another union and thus causes confusion; it has adopted a constitution that meets the requirements of subsections (5) and (6); it has an address in the Republic; and it

  • TES under the Labour Relations Amendment Act 2014

    Newspaper advertisement for temporary job

    Section 198 of the LRA deals with temporary employment services (“TES”). TES are defined as any person who provides for a reward, to a client, other persons who render services to, or perform work for, the client and who are remunerated by the TES. The LRA deems these persons to be employees of the temporary

  • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA)

    Five multi-ethnic people with hands brought in

    PEPUDA was enacted to give effect to s9 of the Constitution in order to promote equality. It is important to note that PEPUDA does not apply to any person to whom the Employment Equity Act applies. The Employment Equity Act applies to all employers and employees except those relating to the National Defense Force, the

  • Employer’s Obligations under the Protection of Personal Information Act No 4 of 2013

    Keyboard with Personal Information on enter button POPI

    The Protection of Personal Information Act (POPI) gives expression to s14 of the Constitution which provides that everyone has the right to privacy, which includes a right to protection against the unlawful collection, retention, dissemination and use of personal information. POPI creates obligations for employers and rights for employees- relating to any record (written or

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  • Probationary contracts

    A probationary employee is one who has a provisional employment contract. That is, the continuation of the contract is conditional on whether the employee’s work performance during the probationary period shows that he/she is capable to carry out the work properly.I am text block. Click edit button to change this text.

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  • Why Should I Instruct an Attorney in a Motor Vehicle Accident Claim

    Should you be involved in a motor vehicle collision in South Africa you would have a claim against a statutory body known as the Road Accident Fund. The Road Accident Fund is an institution created by legislation which provides compensation to any victim be it a passenger, driver or pedestrian, depending on the circumstances, of the accident

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  • What Are Damages And How Are They Calculated

    When you are  injured in either an accident or by a doctor during the course of a surgical procedure or as a result of the  doctor’s  failure to act either  promptly or at all you  suffer  harm.

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  • No Court can restore your health, but an attorney who specialises in the field of personal injury can recover money from the wrongdoer to provide for future medical care and to make up any lost income, says Tzvi Brivik, director and senior partner at law firm Malcolm Lyons & Brivik.

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  • Medical Litigation

    Law suits against the medical profession are on the increase. A number of factors have contributed to this. Developments in medical science and medical technology have assisted the medical practitioner in diagnosing, detecting, preventing, curing and treating diseases and abnormalities in the human body.

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  • Joint Minute Article

    In order to save the Court time and to clarify medical issues at hand, experts come together to compile a report otherwise known as a “joint minute”. These reports consist of the issues agreed between the experts, resulting in a speedier resolution of the matter

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  • Joint Minute Article : Obligations of Medical Practitioners

    Great care must be taken in compiling a Joint Minute. The Minute is used as evidence and is interpreted by the Courts. An expert has the duty to not tailor his/her medical opinion in order to suit a particular party. Furthermore, the medical practitioner has a duty to provide honest, substantiated expert views on matters that relate to their field of expertise.

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  • The Possibility of Decreasing Medical Malpractice Claims

    The Health Professional Council of South Africa has recorded a constant increase in medical malpractice claims in the country every year. However, this increase can be prevented by practitioners by constantly considering what is known as the six Cs: consent, competence, compassion, consultation, communication and clinical records.

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  • Consumer Rights, Indemnity Clauses and Prescribed Rate of Interest

  • Sexual Harassment

    Sexual harassment is unwanted conduct of a sexual nature. This involves direct or indirect conduct such as following, watching, or pursuing the claimant.

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  • Principles of Medical Law

    In order to save the Court time and to clarify medical issues at hand, experts come together to compile a report otherwise known as a “joint minute”. These reports consist of the issues agreed between the experts, resulting in a speedier resolution of the matter

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  • PEOPIL Conference 2013 in Lisbon

    Cape Town Attorney Tzvi Brivik recently returned from Lisbon, Portugal where he addressed the Pan European Organization of Personal Injury Lawyers (PEOPIL) annual medical negligence and tourism conference.

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  • Code of Good Practice on Sexual Harassment

    1.Introduction

    (1) The objective of this code is to eliminate sexual harassment in the workplace.
    (2) This code provides appropriate procedures to deal with the problem and prevent its recurrence.
    (3) This code encourages and promotes the development and implementation of policies and procedures that will lead to the creation of workplaces that are free of sexual harassment, where employers and employees respect one another’s integrity and dignity, their privacy, and their right to equity in the workplace.

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  • Employers and Independent Contractors

    No vicarious liability of employer for wrongdoing of his independent contractor particularly in building accidents, electrocutions and the like.

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  • Factual Causation and Omissions

    In order to save the Court time and to clarify medical issues at hand, experts come together to compile a report otherwise known as a “joint minute”. These reports consist of the issues agreed between the experts, resulting in a speedier resolution of the matter

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  • Wrongfulness Of Omissions

    The test for factual causation is the sine qua non ( or “but for” ) test. It entails the hypothetical “thinking away” of a particular alleged cause of a result and asking whether, absent that cause, the offending result would nonetheless have occurred.

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  • Personal Liability of Employer for Wrongdoing When Personal Injury Alleged of His Independent Contractor

    The exclusion of an employer’s vicarious liability for the wrongdoing of his independent contractor underscores the parallel, yet distinct, rule that an employer may, in appropriate circumstances, be personally liable for the wrongdoing his independent contractor on the basis of his ( the employer’s ) own fault in relation thereto, ie, as a matter of ordinary delictual liability.

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  • The Salient Principles of Medical Law

    Medical law is a species of healthcare law. It main objectives are to regulate the Medical profession and to protect, promote and above all to support the relationship between the doctor/ hospital and the patient….

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  • Medical Negligence - Nature of Causation, Damages and Compensation

    Great care must be taken in compiling a Joint Minute. The Minute is used as evidence and is interpreted by the Courts. An expert has the duty to not tailor his/her medical opinion in order to suit a particular party. Furthermore, the medical practitioner has a duty to provide honest, substantiated expert views on matters that relate to their field of expertise.

    Read more
  • Public Sector Employees Absconding

    Abscondment or desertion refers to cases where an employee stays away from work for a longer period, with the clear intention of not returning to employment.

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  • To Err is Human, but....

    THE LEGAL PRINCIPLES:

    When a patient approaches a Doctor, he does so with a certain expectation. The patient believes that the doctor will provide the medical relief sought with the proper skill and proficiency.

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  • Is it More Difficult to Succeed with a Defence...

    We recently argued a matter in the Eastern Cape High Court, Mthatha, where our clients had sustained severe brain and orthopaedic injuries as a result of a single vehicle accident that took place near Beaufort West on 22 December 2007, when the bus driver lost control of his bus following a deflated tyre.

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  • On frequent occasions, our courts have furnished guidelines regarding the conclusion(s) that can be reached and the inferences that stand to be drawn where a party fails to call a particular witness to testify.

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  • The Evaluation of Expert Opinion and Testimony

    A proper and appropriate approach to be taken by our courts in the evaluation of expert opinionand testimony in medical cases (particularly when opposing and conflicting expert views are presented), the leading authority is the case of Michael v Linksfield Park Clinic (Pty) Ltd & Anor 2001 (3) SA 1188 (SCA).

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  • The Evaluation of Conflicting Versions of Evidence

    By the very nature of litigation, in the majority of civil and criminal trials, conflicting, irreconcilable versions are frequently presented by opposing parties that need to be compared, weighed up against each other, assessed and evaluated.

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  • Consent in South African medical law is regarded as a justification ground negativing wrongfulness in respect of delictual claims. The consent must be informed.

    In the absence of properly informed consent any medical procedure is prima facie wrongful. Performing a medical procedure in the absence of properly informed consent also constitutes a violation of a patient’s constitutional right to bodily integrity in terms of section 12(2)(b) of the Constitution.

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  • General Duty of Care

    In Minister of Safety and Security and Another v Carmichele 2004(3) SA 305 (SCA) it was held as follows ad paragraphs [43] and [44];
    “[43] Did the State owe a duty to the plaintiff? The answer lies in the recognition of the general norm of accountability: the State is liable for the failure to perform the duties imposed upon it by the Constitution unless it can be shown that there is compelling reason to deviate from that norm.

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  • Statutory Immunity to Government Organizations

    1.The issue of statutory immunity was dealt with in Simon’s Town Municipality v Dews and Another 1993(1) SA 199 (A); particularly in what circumstances the state will be held to be negligent despite the usual immunity provision.

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  • Negligence in Train Accidents

    1.In Ngubane v The South African Transport Services 1991(1) SA 756(A) the Appellate Division was called upon to determine the issue of negligence where a passenger fell out of a moving train and sustained injury. Kumleben J A restated the well known principles applicable to liability in delict in the following terms (at p 776-778):(1)

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  • Medical Negligence - Laparoscopic Repairs

    An inguinal hernia is a defect in the inguinal canal  that allows intra­ abdominal content to herniate (or protrude) through the canal outside of the abdomen (and into the scrotum, in the case of a man).

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  • What a lot of Humbug

    SIR-the allegations in your news item (New accident fund “to end lawyer’s greed”, September), referring to criticism of “lawyers greed” by Jacob Modise, CEO of the Road Accident Fund, are an attempt to deflect the responsibility for enormous wasting of legal costs by the fund onto lawyers, and are proven humbug. Mr Modise’s refrain was considered and rejected by the Cape High Court twice recently.

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  • Aviation

    1. The Aviation Act No. 74 of 1962 (now repealed and replaced by the Civil  Aviation Act. No. 13 of 2009) applies to all aircraft whilst in or over any part  of the Republic. “Aircraft” means any machine that can derive support in the  atmosphere from the reactions of the air other than the reactions of the air  against the earth’s surface.

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  • Mistakes Teach the Road Accident Fund little

    Sir- As a personal injury lawyer handling victims accident claims in the high courts against the Road Accident Fund (RAF), I endorse the Eastern Cape judges criticism to which Carmel Richard refers (Fund is against victims, November 15) relating to the war that the RAF has been waging on accident victims, Jacob Modise, the RAF’s CEO, in his reply (RAF not waging war on accident victims, November 22), as usual blames the legal fraternity for the administrative morass in the RAF, for which its board and the CEO must take responsibility, Criticism by judges is not confined to Eastern Cape, as Modise seems to suggest.

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NEWSLETTER APRIL 2017

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