CAN I SUE MY MIDWIFE?
I paid for the services of a private midwife but due to complications gave birth at a public hospital. I went to the midwife to request she refund me the R18 000 I paid her. She refused and said it wasn’t her fault I gave birth at a public hospital. ANONYMOUS, CENTURION
As a client, you have a right to be refunded for services not rendered. The midwife is not legally entitled to keep your money if the service was not provided because of hospitalisation or death.
Having complications and giving birth at a public hospital was beyond your control and the midwife is legally required to refer all pregnant women with complications to hospital.
Since the refund you are requesting is below R20 000, you can sue her via the small claims court. You don’t need an attorney to do this.
‘The midwife is not legally entitled to keep your money’