Legal Articles and Guides
The Gauteng Health Department is in trouble after several service providers, mostly law firms, withdrew from defending lawsuits arising from alleged medical negligence. The department faces R1.1bn in claims. City Press says it has established that the department has been bombarded with claims from lawyers, doctors and other specialists, whose invoices remained unpaid.
North West surgeon Samuel Smith has won a lengthy court battle against a patient who accused him of negligence, in what a Times Select report describes as an important case for the medical fraternity that is grappling rising malpractice claims.
A 47-year-old man who has allegedly been fraudulently practising as a lawyer for several years has finally been arrested, the Hawks revealed yesterday, according to a TimesLIVE report.
The Health Professions Council (HPCSA) has suffered yet another defeat in its protracted battles with Dr Wouter Basson, according to Rapport. The Gauteng High Court (Pretoria) dismissed the HPCSA’s application for leave to appeal a judgment ordering the recusal of two tribunal members who found him guilty of unethical conduct during the apartheid era in December 2013.
A matter due to come before the KZN High Court (Pietermaritzburg) this month represents a test case for Health Department claims that public hospitals are as good as private ones, notes Legalbrief. Mbali Nzimande, whose five-year-old daughter was born with cerebral palsy, secured costly professional help after she won a legal battle against the KZN Health Department in June last year.
A finding by the Health Professions Council (HPCSA) that a Port Elizabeth heart surgeon should be allowed to work only under supervision after he watched sport on TV during surgery has been set aside by the Eastern Cape High Court (Port Elizabeth), according to a report in The Herald.
The Department of Agriculture, Forestry & Fisheries has paid a law firm more than R27m for legal services that it could have obtained for free from the Office of the State Attorney. The details about the department’s contract with B Xulu and Partners Incorporated are contained in a raft of fraud, theft, mismanagement of funds and abuse of power charges against the department’s deputy DG, Siphokazi Ndudane.
An unplanned pregnancy and birth could cost a local gynaecologist close to R3m, says a Weekend Witness report. Dr Kesavan Dhavaraj is being sued for this amount by Celestie Row and her husband, Wellington, after she conceived a baby believing her gynaecologist had performed the tubal ligation she had requested.
As previously reported in Legalbrief Today, a doctor who informed his patient via an SMS to the wrong number that he had malaria and should get urgent treatment was held 100% liable for claims he may face from his patient's widow by the Gauteng High Court (Pretoria). According to Rapport, paramedic Tony Boucher worked in Liberia during the deadly Ebola epidemic in 2015.
The General Council of the Bar (GCB) said it would be inappropriate to deliver a verdict on whether rape-accused Timothy Omotoso's lawyer Peter Daubermann displayed misconduct when cross-examining rape victim Cheryl Zondi, as he was not an advocate. Daubermann has been criticised widely for his manner in cross-examining Zondi.
A study of 122 nursing malpractice cases has raised red flags about the number of civil claims at private hospitals that are quietly settled in SA. Civil claims settlements due to nursing malpractice are a growing problem, according to Professor Ethelwynn Stellenberg from Stellenbosch University's Faculty of Medicine and Health Sciences.
A Potchefstroom doctor who is being probed after several patients died under his care has failed in an urgent application to have his suspension lifted, says a report in The Star. One of his alleged victims was a 12-month-old girl who suffered burns when a cup of boiling water fell on her.
A long-running battle between an Mpumalanga businessman and conservationist, Fred Daniel, who obtained an interim protection order against Deputy President David Mabuza to prevent the former Premier from allegedly trying to run him off his land in the Great Nkomazi River Valley, took a turn in the Carolina Magistrate’s Court recently when a new magistrate hearing the matter was asked to recuse himself.
Mpumalanga’s Health Department faces medical negligence claims of more than R7.6bn, of which more than 40% centre on children allegedly born with cerebral palsy. A Business Day report says this figure represents more than half of its budget allocation for the 2018-19 fiscal year, which stands at R13.3bn.
A total of 150 more families who lost loved ones in the Life Esidimeni tragedy or are related to survivors, have come forward with claims. A Times Select report says this could push the estimated R160m payout by the Gauteng provincial government to about R300m, although the new claimants are still being verified.