The criminalisation of medical errors has discouraged many medical doctors from specialising in any field, according to the South African Medical Association (Sama).
Dr Mzulungile Nodikida, the CEO of Sama, stated that there is a discernible drop in some medical specialties even in the absence of concrete evidence.
“It is not proven in terms of evidence, but there is a decline in certain specialties within the medical field because of the risk that comes with those,” said Nodikida.
“For example, obstetricians, gynaecologists, and neurosurgeons. The country needs those skills, so we need to find a way to protect them.”
Criminalisation of the medical field
He went on to say that the Health Professions Council of South Africa (HPCSA), the regulatory body, is being strengthened through an initiative spearheaded by the chairperson of Sama.
Nodikida was speaking ahead of the association’s annual conference, which is taking place at the Sandton Convention Centre and covers every problem that faces medical professionals.
Professor Jacques Snyman, a member of the Sama board, stated that the criminalisation of the medical field is a problem that many doctors face worldwide.
“Medical treatment always has good intent; however, it cannot be divorced from negative outcomes, so unfortunately there is always a risk. These are communicated with patients,” said Snyman.
He emphasised how the bad effects of medical procedures had previously been classified as murder in court cases, criminalising the medical industry.
Death is never the intention
“The fact that there is an anticipated negative outcome means we cannot always be guaranteed about the outcomes,” said Snyman.
“Death is never the intention, but sometimes death is one of the outcomes, depending on what you are treating at that point and time. This is a global thing; it does not only happen in South Africa.
“I am not saying that negligence should go unpunished, but I am saying this has to be approached in a much more balanced way.
“If patients want to use the accusatory approach, the doctors might want to defend themselves. These never end well because the legal fees go to both sides.”
