In a letter to justice minister Ronald Lamola, the coalition of nine healthcare bodies said there is “a very low threshold in South African law for blameworthiness when a patient dies while under medical care, which has resulted in errors of judgment in complex healthcare environments being criminalised and healthcare professionals being convicted regardless of their intent”.
The letter stated: “It is hard to see who benefits from the current system. As well as families losing a loved one through tragic circumstances, doctors risk losing their careers and liberty, and the fear of criminal charges has a negative knock-on effect on patient care. “The survey also revealed that the prospect of criminal investigation means nearly one in two doctors in SA have considered leaving the profession. The reality of healthcare provision is that complications occur despite best intentions and care.
Healthcare professionals need to be held accountable. However, criminalising errors of judgment — particularly in this fast-moving and complex healthcare environment — seems unreasonably severe“This is why we are calling on government to involve the SALRC in a review into the threshold for criminal charges brought against doctors acting in good faith when delivering healthcare.
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