Medical Protection Society (MPS) has welcomed confirmation from the South Africa Law Reform Commission (SALRC) that it will carry out a review into the law surrounding the criminal liability of healthcare professionals following a medical error.
Addressing the SAMA Annual Conference on Saturday, MPS Medical South Africa Lead, Dr Graham Howarth, said the review was the result of a three-year campaign by MPS - which protects the professional interests of over 30,000 healthcare practitioners in South Africa - as well as other medical organisations.
Dr Howarth said the low threshold for criminalisation of medical error in South Africa had generated great concern among the healthcare profession, who question the fairness of doctors potentially being imprisoned following the death of a patient, when they have acted in good faith.
"Criminal cases are rare but when they do happen they cause enormous harm to the doctors concerned who fear a risk to their liberty," Dr Howarth said.
"The situation is particularly concerning in South Africa where there is a very low threshold in law for blameworthiness when a patient dies, and where this has resulted in healthcare practitioners being convicted regardless of their intent.
"Is it right that doctors going about their daily work, in environments where patient death is a possibility, should face criminal censure for an alleged inadvertent act or omission?
"Given these concerns, confirmation that the SALRC will commence this review is very welcome. These reviews can take many years and there is a very long path to change. It is however an important step and will help to keep the focus in the right direction.”
ENDS
Notes
Since 2020, as part of its campaign to have the law surrounding the criminal liability of healthcare professionals following a medical error reviewed, MPS has:
- Coordinated a joint letter by a coalition of nine leading medical organisations, calling for a review of the law, sent to the justice minister and the South Africa Law Reform Commission
- Held three stakeholder roundtables aimed at getting common agreement from medical organisations on the need for reform and the best way to achieve this
- Written extensively about this issue with almost 40 articles published in the national and medical media
- Spoken about the need for reform at many different conferences and events.
- Surveyed members about how the fear of criminalisation impacts their practise.
About MPS
The Medical Protection Society Limited (“MPS”) is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.
Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.
Our philosophy is to support safe practice in medicine and dentistry by helping to avert problems in the first place. We do this by promoting risk management through our workshops, E-learning, clinical risk assessments, publications, conferences, lectures and presentations.
MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.