Medical Backronyms

A backronym is a reverse acronym.  That is, an expression that has been formed from the letters of an existing word or name. The word backronym is a blend of “backward” and “acronym”. It is a constructed phrase which purports to be the source of a word that is an acronym. An acronym, of course, […]

CEREBRAL PALSY CLAIMS, NEGLIGENCE AND CAUSATION

The patient brought a claim in her representative capacity as the mother and guardian of a minor child, who she alleged suffered harm during birth due to the negligence of staff at a public health institution, which resulted in the child suffering from cerebral palsy. The plaintiff was successful in her claim. Judgment The minor […]

Some lessons (and comfort) for obstetricians and gynaecologists

It is worthwhile revisiting the 2014 Supreme Court of Appeal judgment in the matter of Sibisi and Dr Maitin for the positive lessons it holds for obstetricians and gynaecologists. The doctor was successful both in the lower court and on appeal in defending the action for alleged medical negligence against him. The Plaintiff, the mother […]

Recordkeeping and the value of the mundane

The 7 May 2019 recent judgment of the Gauteng High Court in amongst others, Viviers and MEC for Health Gauteng is unexceptionable on the facts as accepted by the Court.  It indirectly contains an important reminder of the significant role which contemporaneous and comprehensive record keeping can play for healthcare practitioners and healthcare facility operators […]

Presenting your evidence in the small claims court

The small claims court resolves matters speedily, inexpensively and informally.  Whether you are the Claimant (the Plaintiff) or the party opposing the claim (the Defendant), you must conduct your own case in court without legal representation.  Proceedings are inquisitorial so the commissioner plays an active role in supervising the presentation of the evidence and assisting […]

2018 Medico-Legal Year in Review

Presented by Donald Dinnie 1st GMG/SASOG Private Practice Weekend 2019 Irene Country Lodge from 8-10 March 2019 The healthcare industry is still in a state of flux and there remains much uncertainty because of significant proposed changes to the regulatory and legislative landscape. 2018 has set the stage for 2019 to be a challenging healthcare […]

Should it be once and for all?

The res judicata and once and for all rules in our common law work hand in hand to protect a defendant from constant attack for the same alleged negligence. The rules have long been part of our law. The res judicata rule provides that once a competent Court has made a ruling on a cause […]