Rising medical negligence litigation: the importance of legislative and ethical knowledge.

Abstract

There has been an increase in medical negligence litigation in the country, both in value and in the number of claims. Health departments, establishments and professionals are facing the financial burden of these increases. The study offers an examination of the legislation and ethical guidelines that govern medical practice. It further elaborates through case law and research what the law and guidelines mean and what they require during the provision of health care. The research argues that the rise in litigation is caused, among others, by the failure to follow appropriate procedure and guidelines when obtaining informed consent, maintaining patient confidentiality and when providing care. Consequently, the research highlights the importance of having good knowledge and understanding of the law and the relevant ethical and practical guidelines as provided for by the Health Professions Council of South Africa and the four pillars of bioethics. When medical professionals follow the guidelines, they will be able to justify their actions and will be able avoid claims of medical negligence. This is because ethical guidelines give medical professionals an established framework of values which serves as a reference point from which they can determine which course of action is most justifiable in the circumstances. Furthermore, medical professionals must realize that the law is not just for lawyers. Being aware of the provisions that regulate the provision of healthcare will enable them to act in a manner that will help them avoid damages claims.