(DOWNLOAD) "Is South Africa on the Verge of a Medical Malpractice Litigation Storm?(Report)" by South African Journal of Bioethics and Law # eBook PDF Kindle ePub Free
eBook details
- Title: Is South Africa on the Verge of a Medical Malpractice Litigation Storm?(Report)
- Author : South African Journal of Bioethics and Law
- Release Date : January 01, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 282 KB
Description
Until recently, South Africa appeared to have been spared the rapidly escalating global trend towards increasing litigation for medical malpractice. Recent data, however, indicate that the country may be on the verge of a medical malpractice litigation 'storm', as the number and size of claims appear to be increasing rapidly. This is occurring in both the public and the private sectors. As an example it is worth noting in the public sector that apparently, according to its annual report, the Gauteng Department of Health and Social Development faced malpractice claims totalling R573 million in 2009-2010. (1) The Department ascribes this to an increase in the size of the claims rather than their number. The largest payouts have been in obstetrics and gynaecology and orthopaedic surgery. Given that the Department has a fixed annual budget, claims of this size will inevitably reduce the quality of care in an already resource-strapped setting. A healthy tension between the legal and medical professions probably serves to improve the quality of care and helps to reinforce and possibly define standards of care that are evidencebased. (2) Patients have legitimate claims that need to be addressed. The question arises, however, whether the system is open to abuse, particularly when it comes to determining quantum in the assessment of damages.
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