In 1 and 2 of this series we dealt with wrongful pregnancy and wrongful birth, respectively. In part 3, however, we will specifically look at when a claim for wrongful life can be brought against a healthcare practitioner. Wrongful life clarified A wrongful life claim may arise when a child is born with a disability […]
It is sometimes, incorrectly, thought that mere non-disclosure by an insured of any fact/s entitles the insurer to avoid the insurance policy. That is not so. The non-disclosure, or if it is a positive false disclosure, a misrepresentation, must be wrongful. It is not sufficient that it is simply false or misleads. The non-disclosure must […]
South Africa is among a handful of countries that can claim to be leading the way in the field of endoscopic gynaecology. So, it is fitting that we will be hosting the world’s first endoscopic gynaecology conference this month, from 13 to 17 April, at the Cape Town International Convention Centre (CTICC). The conference, hosted […]
Medical practitioners are very familiar with the requirement to obtain informed consent (or in appropriate cases, informed refusal) before treating a patient. It happens from time to time that a patient in a complaint to the Health Professionals Council of South Africa or a damages claim in the courts, alleges a failure to have obtained […]
Is there a medico-legal litigation “crisis” in South Africa? The Natmed review of the medico-legal handed down in 2018 paints a more nuanced picture. Natmed’s annual review of medical malpractice judgments of 2018 is a comprehensive review of all of the South African judgments of 2018 with a summary of facts, findings and commentary. The […]
It is not only medical practitioners who owe a duty of care to their patients, in conducting themselves with reasonable skill and care. Adminstrative staff at hospitals and doctors’ rooms, e.g. a receptionist at an accident and emergency unit, owe a duty not to provide misinformation to patients. By Donald Dinnie, CEO of Natmed Medical […]
Readers who have been following the latest allegations before the State Capture Inquiry regarding Gavin Watson, will have been keeping an eye on the recent debates on non-disclosure that arise from time to time. Further, anyone with a long memory may recall the case of Van Zyl and Maritz v Sasria; a judgment that brought […]
According to the Competition Commission’s 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. Yet the quality of care in the public sector is often lacking, despite the efforts of dedicated doctors and nurses. Along with the […]
Spare a thought for Momentum and its Ganas Life claim debacle which occurred towards the end of 2018. Momentum was correct in law in avoiding the insured’s life policy for material non-disclosure, a position affirmed by the relevant ombudsman, but lost in the court of public opinion after a social media and public relations firestorm. […]