industry watch

20 June 2019

Contemporaneous notes once again to the rescue. In an unusual recent case, a claim in the Pietermaritzburg High Court against a specialist obstetrician and gynaecologist was not in delict but in contract, after a tubal ligation was not performed. Donald Dinnie, CEO of Natmed Medical Defence writes
Donald Dinnie, CEO of Natmed Medical Defence writes:

The matter was that of CSR and WR v Dr K C Dhavaraj.

The plaintiffs argued that they had contracted with the defendant, a specialist obstetrician and gynaecologist, to perform a sterilisation by tubal ligation on the first plaintiff when their second child – a boy – was born by Caesarean section and that the defendant had therefore failed to perform the tubal ligation. The only issue was whether the doctor had contractually bound himself to perform that procedure. The case was not that a tubal ligation was performed or not, but whether it had failed because of alleged negligence or the substandard professional care of the doctor. ...
External link to article
Medical Brief

14 June 2019

The devil's in the details. Published in The Specialist Forum | Vol. 19 No 5. Natmed had published the first comprehensive overview of medical malpractice insurance in South Africa entitled Understanding Medical Malpractice Insurnace in South Africa. Four thousand years ago negligent physicians may have been subject to amputation when they killed or injured patients. Modern day doctors are, however, not only exposed to significant reputational damage and professional sanction but civil damages to.
Extended version
The Specialist Forum

7 June 2019

Legal ‘jumble’ behind gynaecologist’s 5-year jail sentence. The recent Gauteng High Court judgment upholding a 5-year jail sentence for gynaecologist Dr Danie van der Walt fails to make unambiguous SA‘s criminal law position on culpable homicide and doctors but there is little prospect of a legislative remedy, writes Donald Dinnie of Natmed Medical Defence.

The SA Society of Obstetricians and Gynaecologists has expressed “significant concern” at the “worrying precedent” and called for “urgent sector-wide law reform” of the issues raised.
External link to article
Medical Brief

23 April 2019

Non-Disclosure ... the moral hazards. Readers who have been following the latest allegations before the State Capture Inquiry regarding Gavin Watson will be aware of the debates on non-disclosure that arise from time to time. Published in the April issue of FANews.
External link to article

5 April 2019

Natmed Medical Defence has launched its Annual Survey of Medical Malpractice Judgments of 2018, covering limited private healthcare sector judgments, birth injuries and lost medical records. The survey is a comprehensive review of all the South African judgments of 2018, including a summary of facts, findings and commentary. It represents South African laws as at 31 December 2018.
External Link to article
RISKAfrica Magazine

4 April 2019

Very few medical malpractice matters proceed all the way to a trial and judgment, by Donald Dinnie.

In 2018, there were only 22 judgments nationally dealing with medical malpractice disputes – a number of which did not deal with the merits of the case but with interlocutory issues.
External Link to article

29 March 2019

Public health medico-legal claims will render NHI ‘stillborn’ – medico-legal expert

Even if there are funds to implement National Health Insurance (NHI) as envisaged, Donald Dinnie, well-known medico-legal practitioner, has predicted that the scheme will be “stillborn” due to the large list of historical and current medico-legal claims faced by the Department of Health.
External Link to article
Med Brief Africa

15 March 2019

Healthcare industry in flux: According to the Competition Commission’s (CC) enquiry into the private healthcare market in South Africa, the private health industry is characterised by a lack of competition, rising prices, minimal transparency and disempowered users. Read Donald Dinne and Aneesa Bodiat's commentary in this article publishd in the The Specialist Forum, Vol. 19 No. 2.
External Link to article
The Specialist Forum

08 March 2019

There will always be medico-legal claims— and the NHI needs to take that into account, by Donald Dinnie, CEO of Natmed Medical Defence.

With the publication of the National Health Insurance Bill, proposed amendments to the Medical Schemes Act, and the anticipation of amendments to another 12 or so pieces of legislation needed to implement National Health Insurance, a review of the funding of medico-legal claims would also be useful.

External Link to article
Daily Maverick

06 March 2019

Natmed Press Release - Natmed Medical Defence Releases its next Ten Takeaways.
Natmed Medical Defence (Pty) Ltd, a leading South African Medical Malpractice Insurance Broker, has released the second of Natmed’s Ten Takeaways, Informed Consent: “What information must a healthcare practitioner provide?”.

Natmed’s Top Ten Takeaway series is a first point of reference for busy healthcare practitioners and healthcare facility operators. It is intended to be used in conjunction with the Natmed “What If?” series , Natmed Medical Defence Review and Natmedipedia. View the latest Ten takeaways online here.

Press Release PDF
Natmed Medical Defence

30 January 2019

The ‘battle of ideologies’ may further delay healthcare legislation. Because 2019 is an election year, legislation arising out of a four-and-a-half year Competition Commission inquiry and the proposed National Health Insurance plan may be delayed further. External Link to article
Medical Brief

30 January 2019

Lwando Xaso: Lessons from my first white boss. I remember looking back at my billable hours during my first six months working for Donald and realised I had worked every day except for one Sunday. And I held no grudges because of the environment he had created — that I was in charge and important to his team. External Link to article
Daily Maverick

22 November 2018

Donald Dinnie comments on the study by Prof Ethelwynn Stellenberg in the Food for Thought section of the Healthman Private Practice Review External Link to article
Healthman Private Practice Review

15 November 2018

6 June 1944 or How to Make Really Good Decisions. Presented on 7 June 2018 by Donald Dinnie and Robert Bennetto External Link to article
Cover - Insuretech 2018

13 November 2018

Minors, blood transfusions and the court by Donald Dinnie External Link to article
Bizcommunity - Paediatric News

5 November 2018

Risk management for the healthcare industry: the importance of checklists by Aneesa Bodiat External Link to article
Business Brief

31 October 2018

Nursing negligence in private hospitals by Donald Dinnie External Link to article
Medical Brief

20 October 2018

Good News for Medical Practitioners by Donald Dinnie and Dominique Spies External Link to article

10 October 2018

Supreme Court judgment important for covering doctors External Link to article
Medical Brief

4 October 2018

Natmed Medical Defence comments on the recent judgement of the Supreme Court of Appeal in Life Healthcare and Dr A.S Suliman External Link to article