Medical Malpractice in South Africa
09 Apr 2018
Following the trend in other countries, there has been a veritable explosion of medical negligence litigation in the past 10 years in South Africa. This has necessitated the publication of a comprehensive guide for both medical and legal practitioners. Dealing with the practical aspects of medical negligence litigation from a substantive, procedural and ethical point of view Medical Malpractice in South Africa: A Guide for Medical and Legal Practitioners is published by LexisNexis South Africa.
Author John Saner SC (MA (cum laude) LLB (Wits) has been a member of the Cape Bar for thirty years, specialising in medical negligence litigation for the past twenty. He has been at the forefront of developments in this area of law and has experienced the changes and rapid increase in medical negligence litigation in those years. Saner has extensive practical experience in every aspect of medical malpractice law from case selection through to appeals and everything in between, including inquests and disciplinary proceedings.
In his foreword, Professor Emeritus Ken Boffard, Department of Surgery (Wits) states: “Doctors are not lawyers and lawyers are not doctors. This extensive book examines the litigation that takes place, the results that occur, and strives to take the position from both the legal and medical standpoint in medicolegal proceedings. Every aspect of the legal process is covered. I sincerely hope that you enjoy reading this book and use it, not only in the courtroom, but also in the practice of care for the patient.”
Medical Malpractice in South Africa contains detailed expositions of both substantive and procedural law and a step-by-step guide, with practical litigation advice, on how to litigate – with the best chance of success – in this complex field. The emphasis in this work is on practicality and ease of reference with useful appendices such as a guide for the analysis of pleadings and a detailed medical terms glossary.
In addition, Medical Malpractice in South Africa provides pertinent and useful guidance for medical practitioners to assist them in avoiding actions which are either unethical or negligent or both. The chapters not only cover what is expected, legally, from the reasonable doctor, but also explain in detail the ethical issues, disclosure, patient confidentiality, informed consent and disciplinary procedures that are of vital importance to the medical profession.
This publication is an indispensable resource for all those specialising or with an interest in the field of medical malpractice including attorneys, advocates, judges, post-grad students, medico-legal experts, insurers and medical practitioners.
Medical Malpractice in South Africa – A Guide for Medical and Legal Practitioners retails for R1150.00 and will be available for sale from mid-April 2018 from the LexisNexis online store. The title will be updated on an annual basis.
John Saner SC (MA (cum laude) LLB (Wits) has been a member of the Cape Bar for thirty years and has specialised in medical negligence litigation for the past twenty years. As a result, he has been at the forefront of developments in this field of practice and the law and has seen and experienced the changes and rapid increase in medical negligence litigation in those years. He has extensive practical experience in every aspect of medical malpractice law from case selection through to appeals and everything in between, including inquests and disciplinary proceedings.
John took silk in 2014 and continues to practice and litigate solely in the medical negligence field, as a member of the Cape Bar from his base in Tampa, Florida, USA.
John is also the author of the publications, “Prescription in South African Law” and “Agreements in Restraint of Trade” which are both updated annually.
(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)