Understanding Non-Disclosure

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 […]

World-first for Cape Town

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 […]

Getting informed consent right – a successful case study

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 […]

Duty of Care

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 […]

Healthcare industry in flux

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 […]

2019: Opportunity for a new insurance compact?

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. […]