> Medical Negligence Trusts

Medical Negligence Trusts

Long-term specialist stewardship for birth injury and surgical negligence settlements — preserving your capital and funding your care for decades to come.
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What We Do

The Most Sensitive Trusts Require the Most Specialised Care

Medical negligence settlements — particularly those arising from birth injuries, oxygen deprivation, surgical errors, and anaesthetic complications — are calculated to provide for a lifetime of specialised care. These awards are based on actuarial life expectancies of 40 to 60 years and must account for the ever-rising cost of private healthcare, assistive technology, and specialised education in South Africa.

The administrative burden is immense. The trustee must understand not only the legal mandates of the court order, but also the evolving medical and developmental needs of the beneficiary at every stage of life — from early intervention therapies in childhood to 24-hour nursing care in adulthood.

At Thembela Administrators, we specialise in this complexity. We recognise that these funds are not simply assets to be preserved — they are the guarantee of a dignified life. Our stewardship is designed to ensure the capital meets the high costs of care in year forty just as reliably as it does in year one.

Our Specialist Services

What Our Medical Negligence Administration Includes

We help you achieve your goals with customized strategies, practical solutions, and hands-on execution to drive success.

Developmental & Educational Support

Assistive Technology Management

24-Hour Nursing & Caregiving

Longevity-First Investment Strategy

Medical Emergency Authorisation

Family & Caregiver Support

Family & Caregiver Support

Our Process

How We Manage a Medical Negligence Trust

Every medical negligence trust is unique. Our process adapts to the specific conditions of the court order and the evolving needs of the beneficiary across their lifetime.

Court Order Analysis

We review the settlement conditions, life-care plan, and actuarial report in detail — ensuring the trust deed is drafted to accommodate the beneficiary’s full projected needs.

Capital Protection & Investment

We open dedicated investment accounts and implement a longevity-first investment strategy designed to outpace medical inflation over 40 to 60 years.

Holistic Needs Assessment

Working with social workers and occupational therapists, we identify immediate priorities — therapy programmes, home modifications, specialised schooling — and fund them without delay.

Active Stewardship & Annual Review

We manage all ongoing costs, hold annual reviews with the family and advisors, and adjust the financial strategy as the beneficiary’s life stage and care requirements evolve.

Protecting a Lifetime of Care Begins with One Call

Whether you are an attorney handling a birth injury settlement or a family navigating a malpractice award, we are here to guide you through every step.

For Legal Professionals

Ensuring the Settlement Lasts as Long as the Beneficiary Needs It

For attorneys and advocates handling medical negligence matters, the actuarial sustainability of the trust is a fundamental concern. If the capital is depleted prematurely — through poor investment management, inadequate cost recovery, or administrative negligence — the consequences for the family and for the referring firm can be severe.

Our annual investment review process compares actual spending directly against the original actuarial projections. If spending is tracking above plan, we proactively work with the family and co-trustees to adjust the strategy. We provide attorneys with high-level reporting upon request, so you always have visibility over how your referred clients are being protected.

When you refer a medical negligence trust to Thembela, you refer with the confidence that the capital will last — and that the family you fought for will be supported for life.

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