SA's shocking medical malpractice crisis
Motsoaledi said lawyers leading the litigation against medical practitioners were not doing it for the love of patients. "They are driven by this pocket-lining phenomenon. They are simply in hospitals because the platform from which they have been lining their pockets, and not that of the wronged patients, has now changed." "Yes, the RAF [Road Accident Fund] has changed. It has been bankrupted by this pocket-lining behaviour," said Motsoaledi. He said numerous countries had faced similar problems. "It is the same crisis that occurred in the United States in the early 1970s which was described as a crisis of insurance availability as many insurers exited," he said. "The second [crisis] in the mid-1980s was a crisis of affordability with price hikes that meant doctors found they could not afford to pay for cover." He said the problem had also been experienced in the United Kingdom and Australia. http://www.health24.com/News/Public-Health/SAs-shocking-medical-malpracticecrisis-20150309 Don't blame lawyers for medical malpractice suits – LSSA The Law Society of SA (LSSA) has raised serious concern over what it describes as 'sweeping statements' by the Minister of Health, Dr Aaron Motsoaledi, and healthcare organisations 'regarding the possible limitation of the right to fair compensation of medical malpractice victims and the role of lawyers in these claims' notes Legalbrief. In a statement yesterday, the LSSA said: ‘It cannot be that victims of medical malpractice – who are often the poor and vulnerable – should be expected to have the specialist knowledge, money or power to take on the state through an “administrative process” if they have suffered life-changing and critical damage at the hands of the healthcare system and healthcare practitioners. Such victims have the right to legal representation and to be compensated fairly for their losses.' The LSSA co-chairpersons Max Boqwana and Ettienne Barnard say victims must have 'parity or arms' if they are to challenge the very institutions that caused their loss in the first place. 'That is the duty of lawyers.' The LSSA leaders urged the Minister to focus on addressing the dire skills shortages and poor conditions, as well as the duty of care owed by healthcare professionals and medical facilities to patients, rather
than on removing the right to fair and legitimate compensation from victims of malpractice. They add: ‘Legal practitioners cannot “manufacture” malpractice injuries – these are substantiated by experts. If there is alleged collusion between medical professionals and legal practitioners as well as a downgrading of standards to create an opportunity for collusion, this must be reported to the relevant statutory provincial law society and to the law enforcement agencies. If attorneys are found to be over-reaching or overcharging, the law societies have assessment committees that investigate the allegations and assess the fees charged. This is regarded as serious misconduct by the profession and by the courts.’ Lawyers pointed out the Health Department was in an abysmal state. ‘The entire system is riddled with corruption and maladministration and he (the Minister) then has the temerity to blame the legal profession for his woes,’ Andre Calitz, chief operating officer for Joseph’s Inc, which is the largest medical malpractice law firm in SA, is quoted as saying in a report on the Health24 site. Calitz said a major problem in the Health Department is not having a budget for malpractice judgments. He said this meant that funds had to be taken out of the budgets of hospitals and clinics which led to a shortage of money for drugs and other essentials services. DA health spokesperson, Jack Bloom also took a swipe at Motsoaledi. He said the Minister must focus at fixing the ailing health system, which was in crisis, rather than blame the legal profession. ‘Medical malpractice lawyers render an invaluable service, especially to poor people who do not have the resources to pursue legal action against medical professionals who have harmed them.’ Bloom said by criticising attorneys, Motsoaledi is also blaming the courts for not acting in an ethical manner because all the cases had been adjudicated by the courts. legalbrief.co.za/diary/legalbrief...lawyers...medical-malpractice.../pdf
- Page 1: SA's shocking medical malpractice c
- Page 5 and 6: These are examples of the medical n
- Page 7: This course material is available a
Motsoaledi said lawyers leading the litigation against <strong>medical</strong> practitioners were not<br />
doing it for the love of patients.<br />
"They are driven by this pocket-lining phenomenon. They are simply in hospitals<br />
because the platform from which they have been lining their pockets, and not that of the<br />
wronged patients, has now changed."<br />
"Yes, the RAF [Road Accident Fund] has changed. It has been bankrupted by this<br />
pocket-lining behaviour," said Motsoaledi.<br />
He said numerous countries had faced similar problems.<br />
"It is the same <strong>crisis</strong> that occurred in the United States in the early 1970s which was<br />
described as a <strong>crisis</strong> of insurance availability as many insurers exited," he said.<br />
"The second [<strong>crisis</strong>] in the mid-1980s was a <strong>crisis</strong> of affordability with price hikes that<br />
meant doctors found they could not afford to pay for cover."<br />
He said the problem had also been experienced in the United Kingdom and Australia.<br />
http://www.health24.com/News/Public-Health/SAs-<strong>shocking</strong>-<strong>medical</strong>-<strong>malpractice</strong><strong>crisis</strong>-20150309<br />
Don't blame lawyers for <strong>medical</strong> <strong>malpractice</strong> suits – LSSA<br />
The Law Society of SA (LSSA) has raised serious concern over what it describes as<br />
'sweeping statements' by the Minister of Health, Dr Aaron Motsoaledi, and healthcare<br />
organisations 'regarding the possible limitation of the right to fair compensation of<br />
<strong>medical</strong> <strong>malpractice</strong> victims and the role of lawyers in these claims' notes Legalbrief.<br />
In a statement yesterday, the LSSA said: ‘It cannot be that victims of <strong>medical</strong><br />
<strong>malpractice</strong> – who are often the poor and vulnerable – should be expected to have the<br />
specialist knowledge, money or power to take on the state through an “administrative<br />
process” if they have suffered life-changing and critical damage at the hands of the<br />
healthcare system and healthcare practitioners. Such victims have the right to legal<br />
representation and to be compensated<br />
fairly for their losses.'<br />
The LSSA co-chairpersons Max Boqwana and Ettienne Barnard say victims must have<br />
'parity or arms' if they are to challenge the very institutions that caused their loss in the<br />
first place. 'That is the duty of lawyers.' The LSSA leaders urged the Minister to focus<br />
on addressing the dire skills shortages and poor conditions, as well as the duty of<br />
care owed by healthcare professionals and <strong>medical</strong> facilities to patients, rather
Change language