YOU CAN SUE FOR NEGLIGENCE!WHAT was supposed to be a standard procedure quickly turned into a nightmare for Luyolo* (not his real name) and his mum. Luyolo’s dad was the sole breadwinner. He was hospitalised for a minor procedure.

But the unlucky man became infected when he was in the care of the hospital. He was transferred to the Intensive Care Unit, as a victim of Septicaemia. When he died a few days later, the mother and her son were devastated. Not only had they lost their beloved husband and father, they were now left without an income. According to Section 27 of the Constitution of South Africa, you have the right to adequate healthcare.

This includes the right to have access to safe medical procedures from health institutions/establishments. If this right is breached, the patient or the patient’s family has the right to lodge a formal complaint, or in the case of medical malpractice/ negligence, a right to sue. When Luyolo’s mum, a Scorpion Legal Protection policyholder, contacted Scorpion, she was relieved to find out that she could sue the hospital where her husband died for medical negligence to compensate for loss of support, as well as Luyolo’s educational expenses.

Medical attorneys in South Africa define Medical Negligence as a negligent act or omission by a medical professional that results in personal injury to a patient. Doctors in both the private sector and in public hospitals can be held liable for medical negligence. If you believe your private caregiver is guilty of medical negligence, you have two options:

Report the doctor to the HPCSA, which is a medical body that deals with healthcare professionals. Take the doctor directly to court – to either sue for patrimonial loss (ie monies lost as a result of medical negligence) or sue for damages. In the case of a public hospital, you can escalate your complaint to the medical ombudsman South Africa, or direct a complaint or lawsuit to the Department of Health.

For your case of medical negligence to be successful, you will need to prove the following points:

1. That a duty existed, i.e. that the hospital or healthcare provider had undertaken care or treatment of a patient.

2. That this duty has been breached. This means the health provider has not conformed to the relevant standard of care.

3. That this breach caused an injury to the patient. 4. That this injury had led to loss – either financially or

emotionally.

How will you be compensated? Every case is different and will be judged on its own merit. In case of Luyolo’s dad’s death, Scorpion Legal Protection’s lawyer was able to prove the bacterial infection that led to his death was caused by medical negligence.

Luyolo’s mum was awarded R600 000 as compensation for loss of income and to contribute to Luyolo’s education.

Scorpion Legal Protection’s tough lawyers have skills and knowledge to help policyholders defend their rights when it comes to Medical Negligence.

For more information, or to join, SMS “LIKE” to 34453, and they’ll call you back with an obligation-free quote.

Terms & Conditions apply. SMSs cost R1.50.

DEDUCTIONS WITHOUT BENEFITS!M R D H L A D H L A WA S E M P LO Y E D B Y A C O M PA N Y F R O M 2002 U N T I L 2007.

H I S E M P LO Y E R N E V E R G AV E H I M A P R O P E R , P R I N T E D PAY S L I P. I N S T E A D, T H E E M P LO Y E R G AV E H I M A H A N D W R I T T E N PAY S L I P T H AT J U S T L I S T E D D E D U C T I O N S M A D E F O R T H I N G S L I K E U I F, F U N E R A L P O L I C I E S A N D P R O V I D E N T F U N D S .

M R D H L A D H L A WA S U N H A P P Y W I T H T H I S B E C AU S E H E H A D N ’ T S I G N E D U P F O R A N Y O F T H E P O L I C I E S O R F U N D S H E WA S A P PA R E N T LY C O N T R I B U T I N G T O.

W O R S E, W H E N H E A S K E D H I S E M P LO Y E R F O R D E TA I L S A B O U T T H E P R O V I D E N T F U N D H E WA S A P PA R E N T LY C O N T R I B U T I N G T O, T H E E M P LO Y E R R E F U S E D T O G I V E H I M A N Y I N F O R M AT I O N !

AZIKHIPHI – THAT’S NOT ON!

Desperate to put an end to this practise, Mr Dhladhla reported the matter to the Department of Labour.

An investigator was appointed to the case and the case was then referred to the Labour Court.

Unfortunately, Mr Dhladhla could not afford legal rep-resentation and the matter came to a halt.

Scorpion Legal Protection assisted Mr Dhladhla and agreed with him that the provident fund deduction did appear to be unlawful. It is doubtful that the employer registered him for a provident fund as Mr Dhladhla had never received a benefit statement or even knew the name of the company he was suppos-edly paying.

Unfortunately, there was not much Scorpion could do for Mr Dhladhla as this all happened 10 years ago. The matter had legally prescribed (exceeded the amount of time the law allows for to take action in a matter).

But Scorpion could give him some advice. He could go to the CCMA and look the matter up using his case number as a reference. For legal representation, he could get free assistance through Legal Aid or the Law Clinic. They would need to help him find out if the Labour Court would allow him to revive the matter or not.

SCORPION’S CONSUMER TIP

Always query with your employer if you do not under-stand the deductions made to your salary. Request a statement reflecting your pension or provident ben-efits.

Also make sure to ask for the contact details of the pension or provident fund administrator.

THE FACTSMIRRIAM Ramabu from Moroka, Soweto, was contacted by lawyers saying she owed SA Multi Loan money.

She said she knew nothing about the company and tried many times to tell the call centre agents that she didn’t owe the company.

But they continued to call her until she decided to come to the SunDefender for

help.

WHAT I DIDI spoke to Chriselda van Wyk at SA Multi Loan.

SOLUTIONChriselda confirmed the information on their system was incorrect because Mirriam’s cellphone number had been added to somebody else’s account. Mirriam’s number was removed and her name cleared.

MIRRIAM DOESN’T OWE ANY MONEY

THE FACTSSipho Nkosi took out a funeral policy with an insurance company in February 2016 for his wife and his twin brother.

Two months later, his wife died. Mr Nkosi lodged a claim with the insurance company in April 2016.

His claim was rejected by the insurance company as she died during the waiting period.

Mr Nkosi disputed this with the insurance company, alleging that he was not told about the waiting period when he bought the policy.The insurance company informed him that they had listened to the voice recording made when he first took out the policy. The voice recording confirmed that he was informed telephonically of the waiting period. The insurance company even offered to give him with a copy of the recording.

At the time, Mr Nkosi didn’t take the dispute about the rejection of his claim any further.

STRIKE BACK LEGALLYScorpion Legal Protection contacted

the insurance company, pretending to be enquiring about their policies and waiting period.

We were informed that, if an insured person dies as a result of an accident, automatic cover is given as per the first premium.

If the insured person dies as a result of natural or any other causes, there is a waiting period of 12 months.

Scorpion then contacted the insurance company again to discuss Mr Nkosi’s case. Unfortunately they refused to provide us with any information due to Scorpion being a third party to the dispute.

The prospects of the dispute being settled in Mr Nkosi’s favour are very poor. Firstly, the matter had prescribed as he had 90 days from the date his claim was rejected by the insurance company to challenge the decision and report it to the ombudsman.

Secondly, his wife was gravely ill when he took out the policy. As Mr Nkosi declined to get a copy of the voice recording, it is also doubtful that he was not informed about the waiting period.

ALWAYS READ THE SMALL PRINT!

LEGAL STINGSCORPION LEGAL PROTECTION NEWSLETTER ISSUE 48 APRIL 2017SCORPION LEGAL PROTECTION NEWSLETTER ISSUE 48 APRIL 2017

+FIGHT INJUSTICE

Scorpion’s tough lawyers have teamed up with the Daily Sun Newspaper’s consumer rights column the Sun Defender, to counsel the Daily Sun’s readers on how to fight legal injustices that they may face.

Since the Daily Sun is South Africa’s most widely read newspaper, it’s not surprising that the Sun Defender gets a constant stream of requests from readers asking for assistance with their legal matters. The Sun Defender shares Scorpion’s spirit of working tirelessly to fight and expose everyday injustices that confront Daily Sun readers and Scorpion members.

The Daily Sun provides a weekly update every Thursday to readers about how the Sun Defender has in the previous week assisted readers in solving their legal problems.

At Scorpion, we provide legal assistance to our members, including negotiation and mediation. Our members have the added advantage of enjoying financial backing to help them take matters

that qualify for legal insurance cover to court, if they can’t be solved through negotiation.

When the idea arose of joining hands with the Sun Defender, we were glad to provide our legal muscle! Every week Scorpion gives legal advice and paralegal assistance to 2 lucky Daily Sun readers. By helping to solve these selected cases, we also hope to inform the public and spread awareness among them about what to look out for when dealing with persons who may violate their legal rights.

Pick up the next Thursday issue of the Daily Sun or visit either Scorpion’s or Daily Sun’s Facebook pages to see the Sun Defender and Scorpion in action!

For all your legal needs an Express Branch is just like a full-service Scorpion branch. We currently have Scorpion Express Branches in the following towns and cities: Burgersfort, Empangeni, George, Kimberley, Kokstad, Ladysmith, Makhado (Louis Trichardt), Port Shepstone, Secunda, Thohoyandou, Tzaneen and Vryheid. Please note, the Vryburg Express Branch has closed.

Call 0861 333 333 for their physical address or visit www.scorpion.biz.

+FIGHT INJUSTICE

EXPRESSSCORPION

Arrive without an appointment

EXPRESSSCORPION

EXPRESSSCORPIONTalk to

a consultant who will take down your matter

and send it to a Scorpion legal advisor who will call you

Talk to a legal advisor

on the phone

FAX

At these branches you can: What you can’t do at these branches:

Fax or email any documents

needed by your legal advisor

Print a membership

card

Consult face-to-face with a legal advisor

Pay your premium

What a Scorpion Express Branch can and cannot do for you.What a Scorpion Express Branch can and cannot do for you.Many of our members live far from main towns and cities, so we have Scorpion Express Branches in outlying areas,

usually located in an attorney’s office.

We get businesses up and running

As part of our Enterprise Development Initiative, Scorpion provides interest-free loans and professional development support to qualifying law firms from historically disadvantaged backgrounds. Since 2010, we have assisted 20 start-up attorneys. In 2016 we expanded our initiative to include non-legal entrepreneurs. On Time Media, a black owned brand management, promotions and activations company based in Gauteng, became beneficiaries of our interest-free loan of R120 000 in October 2016 and they also received a 12-month repayment holiday.

This meant that they could run successful activation events under the Scorpion brand thereby increasing policyholder access to policy information and legal advice while also developing communities by supporting local operators in the area.

On Time Media used the loan to add two vehicles to their company fleet. “Now our equipment and our clients’ materials can be transported with safe cars and no need to cover everything with a tent in rainy weather,” said On Time Media Managing Director Balcan Muvhali.

We helped Nombulelo keep her house!

Things couldn’t have been worse for Scorpion policyholder Nombulelo* in 2016. First, her father passed away. Then she was retrenched from her permanent job and was forced to get temporary work as a domestic worker. Then she got very sick and had to spend five weeks in hospital.

* Not her real name

While she was sick, she defaulted on her home loan payments and the bank served her with a summons for payment of R6 000 each month for six months.

Naturally, Nombulelo was shocked and desperate – she didn’t know what to do or where to turn.

But she was a member of Scorpion Legal Protection and she decided to give us a call to see if we could help. Scorpion immediately contacted the bank to stop the sale of her house.

We then entered into negotiations with the bank on behalf of Nombulelo, and after many phone calls we eventually got the bank to agree to reasonable and affordable repayments from Nombulelo – and today her house still belongs to her!

Often, your house is your most valuable asset. Do everything you can to ensure that you keep up with your monthly home loan repayments.

If you find yourself in financial difficulties, contact your home loan provider – in most cases they will assist you in making alternative repayment arrangements.

And remember you can always call Scorpion on 0861 333 333 if you need advice or if we can help you with negotiating a repayment plan.

The Constitution guarantees every South African a right to health care but sometimes doctors and hospitals don’t provide adequate service.

Medical negligence is a negligent act or omission by a medical professional that results in personal injury to a patient.

If this happens to you at a public or private hospital, you have a right to sue and Scorpion can help you.

Below is a list of the actions Scorpion can help you to take:

You have a right to health care

You have a constitutional right to health care.We’re ready to help you enforce that right!

Community Connection legal bursary applications for 2018 opening soon!

If you missed out on the Community Connection legal bursary applications in 2016, don’t worry. From 2 October 2017 to 12 January 2018 you can pick up a bursary application at any branch and apply. NB: Only the children of Scorpion policyholders may apply for a Scorpion legal bursary. T&C’s apply.

For more information call the Community Connection team on 011 470 3300 OR email: commconnection@scorpion.biz

On the right are the well-deserving children who have been empowered through the Scorpion CSI bursary fund and have each received a Community Connection Bursary worth R15 000.

BURSARY RECIPIENT INSTITUTION

1. Onalenna Moepeng University of the Free State

2. Dibuseng Motlokoa University of the Witwatersrand

3. Thomelo Mashongoane Northwest University

4. Welldone Ngomane University of Pretoria

5. Zuziwe Zuma Rhodes University

6. Simfanele Mavuso University of the Western Cape

7. Thenjiwe Mancotywa University of the Free State

THE LEGAL CORNER

MEDICAL NEGLIGENCE BY A DOCTOR

MEDICAL NEGLIGENCE BY A HOSPITAL

Report doctor to the HPCSA Report doctor to the medical ombudsman South Africa

Sue for patrimonial losses(money that you lost as a result of the medical negligence)

Direct a complaint / suit to the Department of Health

Sue for damages (a cash award that the court will determine based on your physical and/or emotional suffering)

SMALL PREMIUM INCREASE

MORE COVERFROM 1 JUNE 2017!

Insurance FraudlineAt Scorpion, we strive to treat our members fairly, and do not condone fraudulent behaviour. If a Scorpion staff member has acted fraudulently or dishonestly, you can report such fraud anonymously.

The Insurance Fraudline is an independent, objective service provider that specialises in the handling of Protective Disclosures.

Contact 0 8 6 0 0 0 2 5 2 6

insurance@fraudline.co.zathe Insurance Fraudline

Scorpion Nationwide Branches

Scorpion Legal Protection (Pty) Ltd is an Authorised Financial Services Provider. Licence number: 15960. Legal policies underwritten by Legal Expenses Insurance Southern Africa Ltd. Funeral Plans underwritten by Hollard Life Assurance Company Ltd.

0861 333 333 www.scorpion.bizFULL SERVICE BRANCHES • Bellville 021 949 2811 • Bloemfontein 051 430 1994 • Cape Town (CBD) 021 401 6300 • Carletonville 018 788 6960 • Durban 0861 000 449 • East London 043 742 4781 • eMalahleni (Witbank) 013 656 3390

• Germiston 0861 333 333 • Johannesburg 011 836 2331 • Kempton Park 011 394 1632 • Klerksdorp 018 462 7965 • Mahikeng 018 381 7969 • Nelspruit 013 752 2848 • Newcastle 034 326 4599 • Pietermaritzburg 033 345 6153 • Polokwane 015 291 2508 • Port Elizabeth 041 585 6614 • Pretoria 012 321 0425 • Roodepoort 011 760 2433 • Rustenburg 014 592 9926 • Springs 011 815 5002 • Vereeniging 016 422 4300 • Welkom 057 352 1585

EXPRESS BRANCHES Burgersfort • Empangeni • George • Groblersdal • Kimberley • Kokstad 039 727 3090 • Ladysmith • Makhado • Port Shepstone • Secunda • Thohoyandou • Tzaneen • Vryheid

Whilst we strive to keep our premiums as low as possible, a small premium increase is necessary to keep pace with inflation in order to bring you the best possible benefits. The increase will take effect from 1 June 2017. The good news is that the benefits for all three policies have increased – as have the accidental death legal expenses cover benefits! The table below shows the new premiumsand the new cover.

Premiums2017

R81 R87 R81 000 R87 000 R9 000 R9 500 R8 R10 R50 000 R55 000

R41 R45 R52 000 R55 000 R4 500 R5 000 N/A N/A N/A N/A

R121 R130 R140 000 R150 000 R13 000 R14 000 R14 R18 R100 000 R110 000

R74 R78 R72 000 R80 000 R13 000 R14 000 N/A N/A N/A N/A

Anyone can get their friend or relative to join Scorpion. After your friend or relative pays their first premium,

we’ll send you a Scorpion cooler bag!*

*T&Cs apply. R1.50 per SMS. Stocks are limited and cooler bags are only available while stocks last. If we are unable to give you a cooler bag an alternative gift of similar value will be given to you. This promo-tion is open to all members of the public except for Scorpion employees. Scorpion Legal Protection (Pty) Ltd is an Authorised Financial Services Provider. Licence Number: 15960. Legal policies underwritten by Legal Expenses Insurance Southern Africa Ltd. Funeral plans underwritten by Hollard Life Assurance Company Ltd.

Simply get your friend or relative to

and make sure they have your name and telephone number when a Scorpion consultant calls them. SMS COOLER TO 34453

NEWCooler Bag

For more information call 0861 333 333

Find the winning word and WIN one

of 50 pairs of Scorpion sunglasses!*

1. D_VORCE is what happens when a husband and wife legally split up.2. Something that is against the law is a CRIMI_AL act.3. With Scorpion you get a 30-day money-back GUARA_TEE.4. Scorpion offers you labour, civil, criminal, administrative and accidental death

legal expenses C_VER.

5. You go to face a judge in a _OURT.6. The men and women in blue are members of the South African POLIC_ Service.7. The judicial capital of South Africa is BLOEMFO_TEIN.8. Another word for a judge is a MAGIS_RATE.

D V O R C E

C R I M I A L

G U A R A T E E

C V E R

P O L I C

B L O E M F O T E I N

M A G I S R A T E

O U R T

SMS the winning word to 34453

Simply fill in the missing letter in each of the words below to find the hidden word, and then SMS the winning word to 34453 and you could be one of 50 winners of a pair of Scorpion sunglasses!

*T&C’s apply. R1.50 per SMS. All entries must reach Scorpion by 15 July 2017. The winners will be the first fifty correct entries randomly drawn. Winners will be announced in the next newsletter. The judges’ decision is final. Scorpion employees may not enter this competition.

What’s the winning word?