University Of The Western Cape Streamlines To Educate As Medical Malpractice Claims Increase
Medico-legal claims are claims based on medical negligence or malpractice, and last financial year it was reported that R6.5-billion was awarded in medico-legal claims. Recently the Department of Health in the Eastern Cape was sued for more than R35-million when a baby developed cerebral palsy after birth at Cecilia Makiwane Hospital due to negligent conduct of medical staff.
A senior lecturer in medical ethics and medical law, Anita Kleinsmidt, said medical litigation had become an area of significant concern for the Department of Health. Not only is it draining the health budget and leading to dramatic increases in insurance premiums for health workers in private practice.
Kleinsmidt has recently joined the University of the Western Cape (UWC) to offer a virtual online short course on medical law. Foundations of Medical Law is an eight week course comprising four units.
The course will, among other things, explore the legal framework in South African medical law and medical malpractice in South African law.
It is aimed at healthcare professionals, including nurses and even chiropractors, who have attained an undergraduate degree or a three year diploma.
‘’Health professionals work in a heavily regulated environment but do not receive comprehensive training on the laws that govern practice,’’ said Kleinsmidt.
“Participants will be introduced to the linkages between medical law and professional ethical guidelines in the South African health context for the enhanced provision of legally compliant health services in their workplaces.’’
The course starts in April and is the only online short course of this scope aimed at health professionals in the country.
Eastern Cape Department of Health MEC Nomakhosazana Meth issued a statement after the Bhisho High Court ruled that the department would not have to make an upfront lump sum payment for future medical care in the Cecilia Makiwane Hospital case.
“The department defended the case pleading adverse fiscal implications for the department,” the statement read.
Judge Robert Griffiths agreed that the department should provide care through the rehabilitation centres of excellence and the necessary medical care instead of paying for future medical costs.