Azaad told TimesLIVE that the reason they were pursuing legal action was because he did not want anyone else to go through what his father went through.
Theasen Pillay, the family's attorney, confirmed that they were formalising a claim against the hospital and the KwaZulu-Natal department of health.
"It is a general damages claim for the suffering and trauma caused to the family of the patient. A summons will be issued but we have to give 30 days' notice before that," said Pillay.
Last week the department set in motion the redeployment of Dr Prakash Subban, the hospital's CEO.
The department's decision followed public outcry after the video of Ebrahim went viral on social media.
Nqobile Mkhwanazi, CEO of Queen Nandi Memorial Hospital at Empangeni, joined RK Khan Hospital temporarily on Monday.
Subban will be deployed to help with the management of St Aidan's Hospital, which provides specialised urology and renal services, among others.