This blog was drafted by: Paulette Khumalo, Associate
A party who intends to bring a claim for damages against an organ of state must comply with the Institution of Legal Proceedings against Certain Organs of State Act, 2002.
Section 3(2)(a) of the Act provides that a notice must be served on the organ of
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
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
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
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
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
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
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
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