expected that most practices will be busier than ever postpandemic . Unfortunately , there is no immediate end in sight for opportunistic claims , the increase in pay-outs and rising legal costs .
However , change may , in the long term , be on its way to help the medical profession and indemnity providers out of the existing chaos . The South African Law Reform Commission ( SALRC ) was requested by Dr Aaron Motsoaledi – at that stage Minister of Health – to investigate medical-legal claims in South Africa . At the end of 2021 , the commission published an in-depth discussion paper .
Data was cited indicating that approximately 50 % of medical negligence claims are of the cerebral palsy type ( of which a small fraction result truly from a birth injury and obstetrician negligence ). The report also
“
The cost of appropriate care continues to rise and is more technical , specialised and depersonalised .
”
indicates that in South Africa no legislation exists to specifically address medical-legal claims . The issues identified and the interventions proposed by the SALRC are praiseworthy , sensible and the body should be highly commended . However , as stated in the paper : “ The best legislation in the world will not make any difference unless it is applied , implemented , complied with and monitored ”.
Economic factors are increasing the risk of litigation .
With the advent of managed healthcare more than 20 years ago , healthcare funders have increasingly vetoed clinicians ’ decisions , making it impossible to provide the appropriate care . In these situations , a number of adverse results may occur and may lead to complaints or claims . This situation is unlikely to improve . HCPs must consider very carefully before entering into contracts with funders .
The healthcare and professional indemnity systems are both undergoing rapid change . Unfortunately , although there are opportunities for better care , economic factors may increase risks . The possibility of legislative change exists but finally , the importance of the patient-doctor relationship and the duty of care , can never be over-emphasised .
22