Natasha Naidoo

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Court declares regulations on complementary medicines & health supplements unlawful

By Natasha Naidoo on August 2, 2022 Posted in Healthcare

This blog was co-authored by Lisa Kriegler, Trainee Associate The Supreme Court of Appeal dismissed an appeal by the Minister of Health and the South African Health Products Regulatory Authority (SAHPRA) in favour of the South African Alliance of Natural Health Products. The Alliance brought an application to set aside the 25 August 2017 General … Continue reading

Duty to protect the public prevails over a healthcare practitioner’s need to practice

By Natasha Naidoo on February 23, 2021 Posted in General

A gynaecologist and obstetrician, appeared before the Professional Conduct Committee of the Health Professions Council of South Africa (HPCSA) on charges lodged against him by his patient, Mrs M. He pleaded guilty to 2 out of 7 counts of alleged unprofessional misconduct, and was found guilty only of the 2 counts which he pleaded guilty … Continue reading

HPCSA – primary guardian of morals of the health profession

By Natasha Naidoo and Hishaam Khan on January 27, 2021 Posted in General

On 15 January 2021 the Supreme Court of Appeal handed down a judgment which pronounced on the jurisdiction of the Health Professions Council of South Africa (HPCSA) as a medical malpractice watchdog and the primary guardian of morals of the health profession. The judgment confirmed that the HPCSA’s jurisdiction is not limited to the conduct … Continue reading

Negligent failure to perform caesarean section in time (UK)

By Natasha Naidoo on February 27, 2020 Posted in General

The claimant, suing the UK National Health Service, had a medical history of having undergone two caesarean sections and a tear to her womb. Her fourth pregnancy was therefore regarded as ‘high risk’ and her treatment plan provided for an elective caesarean section. She brought a claim against the hospital on the grounds of alleged … Continue reading

Doctor liable for failing to warn patient about side effects (UK)

By Natasha Naidoo on August 27, 2019 Posted in General

The claimant, a retired teacher, developed a limb tremor in 2006. The defendant treated the claimant between 2007 and 2012 and prescribed a dopamine agonist. The claimant stated that the medication resulted in her overindulging in online shopping to the extent that she placed 200 bids on eBay during the course of one night. She … Continue reading

Personalised medicine and medical malpractice

By Natasha Naidoo on August 27, 2019 Posted in General

Personalised medicine involves the consideration of health risk factors and genetic information to determine individual risk profiles. This customisation of healthcare uses medical decisions, practices, treatments, and products that are tailor-made to an individual’s requirements, and is based on hereditary profile. This could result in quicker diagnosis and a more targeted form of treatment for … Continue reading

Think twice before rejecting a Calderbank offer

By Natasha Naidoo on August 23, 2019 Posted in Insurance

In May 2019 the Bloemfontein High Court confirmed that a secret offer which is made by any party to a damages claim (including the plaintiff) to save costs will affect the costs order. Such an offer is known as a Calderbank offer with origins in English law and similar principles apply in the South African … Continue reading

What’s on the horizon for the insurance industry in 2019?

By Natasha Naidoo and Patrick Bracher (ZA) on May 7, 2019 Posted in Insurance

Our lawyers across ten jurisdictions have created a guide detailing the top legal concerns for insurers from various regions. Some developments are concerns only in a specific market while other topics appear to be common across several jurisdictions. Increasing focus on personal accountability, greater oversight of distribution chains and the protection of customer interests and … Continue reading

Failing to call a witness does not automatically lead to an adverse inference

By Natasha Naidoo on May 7, 2019 Posted in General

The judgment handed down in Manzi v King’s College Hospital NHS Foundation Trust is a clear indication that the absence of a witness does not automatically lead to an adverse inference being drawn by the courts. The case involved a patient who suffered a haemorrhage following a surgery to remove placental tissue. One of the … Continue reading

Damages not recoverable for raising IVF conceived child born without father’s informed consent

By Natasha Naidoo on January 24, 2019 Posted in General

The England Appeal Court has held that a father’s claim against a clinic for breach of contract for damages suffered as a result of raising his child who was born by IVF to his estranged wife without his consent were not recoverable due to legal policy. The child was conceived via IVF using the gametes … Continue reading

Personalised medicine: Implications for the insurance industry and for consumers

By Natasha Naidoo on January 22, 2019 Posted in Insurance

Personalised medicine is set to revolutionise the manner in which patients are diagnosed and treated. It involves genetic testing and a consideration of an individual’s health risk factors and genetic information and tailoring medical treatment accordingly. Such testing could lead to quicker diagnosis and treatment, but it does not come cheaply. It is unclear whether … Continue reading

The effect of legalisation of cannabis on the insurance industry

By Natasha Naidoo on January 21, 2019 Posted in Insurance

The legalization of private cultivation, possession and the use of cannabis in South Africa has had the effect of changing the law which will undoubtedly require transformation in the insurance industry. The Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince (and others) has given Parliament 24 months to amend current … Continue reading