Topic: Healthcare

Rejection of ‘the matter speaks for itself’ doctrine and the Onus of Proof in Medical Negligence cases (Part 3)

By Donald Dinnie on January 13, 2022 Posted in Healthcare, Insurance

This blog was co-authored by: Caitlin Gardiner, Candidate Attorney In this judgement in the Supreme Court of Appeal the claimant submitted that the hospital breached its statutory duty in that it failed to ensure the proper safe-keeping of the hospital records of the claimant and her cerebral palsied child. The court considered the application of res … Continue reading

Evaluating Expert Medical Evidence (Part 2)

By Donald Dinnie on January 12, 2022 Posted in Healthcare, Insurance

This blog was co-authored by: Caitlin Gardiner, Candidate Attorney In this claim, alleging that the hospital staff’s negligence during the claimant’s labour resulted in her child’s cerebral palsy, the Supreme Court of Appeal addressed the issue of how to assess expert evidence in a field where medical certainty is virtually impossible. In such circumstances a … Continue reading

Missing Hospital Records and Adverse Inference (Part 1)

By Donald Dinnie on January 11, 2022 Posted in Healthcare, Interpretation

This blog was co-authored by: Caitlin Gardiner, Candidate Attorney In this case, the Claimant sued for damages, alleging that the hospital staff’s negligence during her labour resulted in her child’s cerebral palsy. The Supreme Court of Appeal found that no adverse inference should be drawn because the hospital records are missing. Nor could any negative … Continue reading

Kholina v Health Professionals Councils of South Africa and Others (8523/21) [2021] ZAGPPHC 404 (18 June 2021)

By Donald Dinnie on December 6, 2021 Posted in Healthcare

This blog was co-authored by: Rethabile Shabalala, Associate Designate Ksenia Kholina brought a successful application here, to oblige the Health Professions Council of South Africa (HPCSA) to set a date for an examination to enable her to practise as a dentist. Ksenia was born in Russia but, with her family, relocated to South Africa in … Continue reading

The payment of medico-legal damages in services not money

By Donald Dinnie on April 26, 2021 Posted in Healthcare, Insurance

The problem facing departments of health around the country is how to improve service delivery to the public and the quality of medical care provided to patients and so significantly reduce the number and quantum of medico-legal claims. Instead of funding healthcare programmes and facilities, a large portion of the annual budgets is allocated to … Continue reading