×

We've got news for you.

Register on SowetanLIVE at no cost to receive newsletters, read exclusive articles & more.
Register now

Sama calls for specialised medical courts to deal with doctors accused of negligence

The SA Medical Association has called for the establishment of specialised medical courts. Stock photo.
The SA Medical Association has called for the establishment of specialised medical courts. Stock photo.
Image: 123RF/slasny

The SA Medical Association (Sama) has called for the establishment of specialised medical courts where trained medical practitioners would be called to scrutinise decisions made by doctors.

“Recent cases have again demonstrated the deficiencies the current legal framework has with medical cases,” said Sama chairperson Dr Angelique Coetzee.

“Magistrates are often placed in the unenviable position of adjudicating exceedingly complex clinical interventions, without possessing the necessary training or medical expertise. This has severe and long-ranging impacts on doctors and, ultimately, on patients.”

She said without proper legal judgment in medical cases, doctors would be afraid to perform certain procedures. This she said, was a “serious” situation that would have negative consequences for patients.

“We already have doctors who have been incarcerated following poor procedures saying they will no longer continue practising medicine.

“When other doctors see these events unfold, and doctors being vilified without proper medical scrutiny of their work, they become anxious and opt to either leave the country altogether or stop performing procedures.

“We cannot allow this to continue and specialised courts that call on expert witnesses must be created to deal with these cases.”

Coetzee said all surgeries carried a level of risk and doctors often have to make split-second decisions under enormous pressure. Therefore trained medical practitioners with the necessary skills must be called on to evaluate these decisions.

“There is no such thing as doctors protecting each other in situations such as these. In fact, doctors will be harsher on their colleagues if there’s been a mistake.

“As an initial intervention, processes and guidelines should be introduced to ensure that investigators, coroners and prosecutors are guided by independent medical experts to determine whether further investigation or prosecution is warranted — something urgent is required. The minister must seriously consider the call for change,” said Coetzee.

She said Sama had also called for an urgent review of culpable homicide law and its application in healthcare settings.

A coalition of medical bodies wrote a letter to justice minister Ronald Lamola earlier this month, asking him to initiate a review into the culpable homicide law.

The letter called for the review to be carried out by the SA Law Reform Commission due to the complexity of criminal law in a healthcare setting and the importance of achieving a long-term solution for healthcare professionals and patients.

TimesLIVE

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.