TERMS & CONDITIONS

TERMS & CONDITIONS FOR MEDICO-LEGAL REPORTING FOR MEDICAL NEGLIGENCE

These terms will be the only terms which apply to the appointment and reporting and may only be
amended by agreement in writing.

Fees

1. We will provide, on request, an estimate of our fees to cover the initial report. We will keep these
under review and advise you as promptly as possible if we believe they will be exceeded.
2. We will charge all time spent in connection with this appointment, including but not limited to, all
investigations, preparing reports, and telephone or written attendance on your Client and/or Instructing
Attorneys.
3. We will invoice upon confirmation of the appointment. Payment will be due in full prior to release of
the expert report. (Fees structure attached below)
4. Where we are instructed to compile Joint Minutes by the attorneys, we will invoice accordingly and
payment must be received before drafting and finalization of the joint minutes.
5. No charges will be payable in respect of an appointment with Instructing Attorneys where at least 24
hours notice of cancellation is given. If the consultation or appointment is cancelled less than 24 hours
in advance, an administrative fee of half the report payment will be levied to cover opportunity cost.
6. Court appearance fees: See below.
7. In the event of any court appearance being cancelled, for whatever reason, a cancellation charge of half
the court fee per day booked shall be paid where notification is not given within 2 days notice. In
respect of notification received in advance of 2 days, all charges will be waivered.

Discounts

Discounts for bulk appointments can be negotiated. If Instructing Attorneys wish to make appointments
in bulk, (10 appointments per expert a week or more, or 30 appointments or more a month) we will
provide a significant discount per report.

Appointments

1. Instructing Attorneys are obligated to give adequate instructions and obtain all relevant clinical notes,
records and investigations.
2. Instructing Attorneys will ensure that the information provided or prepared by your Client or on your
Client’s behalf is complete and accurate in all material aspects, not misleading and is updated as
necessary (informing us immediately if your Client discovers or has reason to believe that any of the
information is, or becomes, untrue, incomplete, misleading or inaccurate in any material respect).
3. Instructing attorneys acknowledge that we shall, and are entitled to, rely upon all information provided
to us, that we shall not be responsible for the accuracy or verification of any information and that the
report will be provided only on the basis of the information disclosed to us by you and the Client

Reporting turnaround time

1. Medical specialists will deliver finalized report(s) within 10 working days (2 weeks) of appointment
date.
2. We ask that ample time be given, preferably a minimum of two weeks when making appointment with
experts to give room for thorough reporting.
3. We shall not be liable for any delay in the performance of any obligations under this appointment
(and the time for the performance of any obligations under this appointment shall be extended
accordingly) if such delay arises from or is attributable to acts, events, omissions or accidents beyond
our reasonable control including but not restricted to, ill health, acts of God or of the public enemy,
fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical
outages, computer or communications failures, severe weather, and acts or omissions of subcontractors
or third parties.

Right to Terminate?

1.Appointments are subject to receipt of all necessary and relevant information from you in sufficient
time to prepare a response and payment of invoices as they fall due. We will advise you promptly if:
• Instructions are not acceptable because, for example, they require work that falls outside our expertise,
impose unrealistic deadlines, or are insufficiently clear.
• We become aware that we may not be able to fulfil any of the terms of appointment.
• We are not satisfied that we can comply with any orders that have been made.
• The contract may be terminated by Instructing Attorneys at any time by written notice.
• Termination will not affect our entitlement to payment of any fees for work conducted or invoiced
before the date of the termination.
• Upon termination, all documents and materials provided to us for the purpose of this appointment must
be returned promptly to Instructing Attorneys or securely destroyed.

Intellectual Property

We will own the copyright of all reports and/or materials produced by us. Additionally, we will retain
the title to all reports and/or materials produced by us until we have received full payment in
accordance with paragraph 3 above.

Confidentiality

We will treat all information, facts, matters, documents and all other materials of a confidential nature
which we receive or create as a result of this appointment as confidential. (except insofar as we have to
refer to them when setting out the substance of the instructions in your report or as required by law).

Conflict

Instructing Attorneys must notify us in writing of all parties who have some limited involvement in this
matter including Counsel, attorneys and other experts already instructed in this case. We confirm that
we do not have an actual or potential conflict of interest in accepting this appointment in respect of any
parties so named and that we will let you know without delay if we become aware of such a conflict.

How Do I Get Started?

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068 104 3297

Cedar Ave West &, Cedar Rd, Fourways, Johannesburg, 2055