HEALTH PROFESSIONS INDEMNITY
A holistic approach to ethical care
By Jiyaad Khan, Sector Lead: Allied Health at PPS Health Professions Indemnity
ETHICAL FOUNDATIONS: BEYOND COMPLIANCE
Ethical care extends beyond complying with regulations. It is grounded in principles of autonomy, beneficence, nonmaleficence and justice, values enshrined in the Bill of Rights and reflected in healthcare legislation. In practice, this means ensuring informed consent is given, explaining risks in clear language and addressing issues promptly when they arise. Early disclosure and sincere apologies often reduce disputes and foster trust. Research consistently shows that transparency and collaboration lead to quicker resolutions and fewer complaints.
Ethical care also requires compassion. Systems and people are not perfect, and errors can occur even in well-managed environments. A just response that prioritises the patient’ s perspective is essential. This approach encourages openness, shared decision-making and respect for dignity, which strengthens relationships and reduces the likelihood of litigation.
LEGAL REALITIES: RIGHTS AND ACCOUNTABILITY
Healthcare in South Africa is evolving rapidly and medico-legal pressures are increasing at an alarming rate. Provincial liabilities for claims rose from R28.6 billion in 2014 / 15 to R111.5 billion by 2019 / 20, with Eastern Cape and KwaZulu-Natal carrying the heaviest burden as per an article published late in 2024 in the Social Sciences and Education Research Review. These escalating costs divert resources from patient care and place significant strain on budgets, forcing difficult decisions about service delivery. In this context, it is essential for graduate professionals to maintain perspective, enabling them to make proactive and well-rounded decisions that place patient safety and trust at the forefront.
Patients’ constitutional rights include equality, bodily integrity and access to their medical records. These rights underpin informed consent and accountability. The National Health Act sets standards for quality care, while the Health Professions Council of South Africa monitors professional conduct. Courts increasingly emphasise patient choice and adherence to care standards, making robust documentation and compliance with protocols critical for defence purposes in the event of legal proceedings.
Claims are primarily addressed through common law but the environment is shifting. Greater
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