Unfounded allegations against doctors threaten healthcare system
The Health Department says that as a result, a number of doctors leave the profession.
PATIENTS are urged to discuss their grievances with their doctors before reporting cases or taking legal action against them as this has a negative impact on the healthcare practitioners’ mental well-being.
This comes at a time when there are growing concerns that patient care and doctor well-being are being undermined by the high number of ill-considered and unfounded cases brought against medical practitioners in South Africa.
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Dr Hlombe Makuluma, Clinical Risk Management specialist at EthiQal – medical indemnity insurance – says the threat of aggrieved patients reporting doctors to the Council of Health Professionals (HPCSA), or demanding compensation or, in the worst cases, laying criminal charges against them, can take a massive toll on the mental well-being of healthcare professionals.
“A condition known as medical malpractice stress syndrome (MMSS) has been recognised as affecting medical professionals who are subjected to litigation. This disorder, which includes severe anxiety and depression and physiological changes relating to immune and endocrine functions, speaks to the often profoundly negative impact that unfounded allegations can have on doctors,” explains Dr Makuluma.
He believes it is patients, in an already burdened system, who end up paying the price of hasty and unjustified legal recourse against healthcare professionals.
Last year, Health Minister Dr Joe Phaahla revealed that South Africa’s doctor-to-patient ratio was only at 0.31 doctors per 1 000 patients.
He said, “Following unfounded allegations, some doctors stop practising altogether or reduce their scope of practice given fear of future litigation, further exacerbating South Africa’s critical doctor shortage. Others become defensive in their practice and push up healthcare costs unnecessarily by performing tests aimed at mitigating their medico-legal risks. This is costly and can be based more on mitigating their own risk rather than on what they feel their patient requires.”
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Head of Claims and Legal at EthiQal, JP Ellis, says legal action should be a last resort, pursued only after all other communication and conflict resolution channels have been thoroughly explored.
“It’s essential to recognise that litigation is not only costly but also time-consuming, intricate and emotionally draining for both parties involved. By fostering open dialogue and understanding between patients and healthcare professionals, we can mitigate unnecessary legal proceedings and uphold the integrity of our healthcare system.”
As the country will be celebrating National Doctor’s Day on November 16, Dr Makuluma says this is an opportunity for South Africans to recognise the growing challenges that face doctors in this country.
“It is also an opportunity for each of us, as patients, to foster open and direct communication with our doctors to safeguard a robust healthcare system in our country.”
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