Joy and sorrow as paediatric surgeon acquitted
Renowned paediatric surgeon Professor Peter Beale's acquittal on murder and fraud charges has been met with mixed reactions as healthcare professionals who previously expressed their concerns with the case celebrated the outcome, while the parents whose children lost their lives were left devastated.
Five years after his 10-year-old son's death following a routine acid reflux procedure, Mohammadh Sayed had hoped to see Beale – the surgeon who operated on the child – convicted of murder yesterday, reports News24.
Instead, Beale was found not guilty, leaving Sayed fearing he would never find closure.
‘I wanted to close a chapter today. I wanted to move on. Today was going to be a new start for me. But now it's going to linger, and I don't know how I'm ever going to get closure,’ Sayed said after the judgment was delivered.
Members of the healthcare profession have rallied around Beale.
His prosecution attracted significant controversy from within the profession, with concerns raised around the potential chilling effect of prosecuting a doctor notes News24.
In a statement issued after the judgment, the Medical Protection Society (MPS) – of which Beale is a member – welcomed the outcome.
‘Healthcare professionals need to be held accountable. However, criminalising errors in challenging, complex environments helps no one,’ Dr Graham Howarth, head of MPS SA, said.
He added: ‘Families lose a loved one through tragic circumstances, doctors risk losing their career and liberty, and the fear of criminal charges may have a negative knock-on effect on patient care.’
On the back of pressure from the likes of MPS, the SA Medical Association and others, the Law Reform Commission announced an investigation into the criminal liability of healthcare professionals.
Howarth said: ‘It is imperative that this investigation is expedited so that criminal law is appropriately applied in a healthcare setting.’
The NPA 's Gauteng spokesperson, Phindi Mjonondwane, said they were studying the judgment but were also disappointed. She stressed, however, that the case was never intended to 'scare doctors'.
'It was about encouraging accountability,' said Mjonondwane.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
