Topic: Healthcare

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Blog: Covid-19 Vaccine injury no-fault compensation scheme

Photo of Donald DinnieBy Donald Dinnie on Posted in General, Healthcare
This no-fault compensation scheme previously discussed here, has now amended regulations and directions published on the 4th April 2022, available here. The purpose of the Scheme is to provide expeditious and easy access to compensation for persons who suffer from a Covid-19 Vaccine Injury caused by the administration of an improved Covid-19 vaccine. Injuries covered … Continue reading

Medico-Legal Claims paper by South African Law Reform Commission for comments by 28 February 2022

Photo of Donald DinnieBy Donald Dinnie on Posted in Healthcare
The South African Law Reform Commission published its discussion paper 154 on medico-legal claims. The extended deadline for comments and submission is now the 28th February 2022. While acknowledging the constitutional right of access to the courts, the paper proposes that a system be developed to deal with public healthcare medico-legal claims commencing at the hospital. … Continue reading

Medical Brief: Ethical duties demanded of health researchers in South Africa

Financial Institutions Legal SnapshotBy NRF Digital Team on Posted in Healthcare
Medical Brief recently published an article written by Donald Dinnie and Rethabile Shabalala. They write that being registered as a health practitioner under the Health Professions Act of 1974 confers certain rights and privileges and corresponding to these rights and privileges are the ethical duties a health practitioner owes to individuals and society. You can read … Continue reading

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

Photo of Donald DinnieBy Donald Dinnie on 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)

Photo of Donald DinnieBy Donald Dinnie on 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)

Photo of Donald DinnieBy Donald Dinnie on 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)

Photo of Donald DinnieBy Donald Dinnie on 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
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