Medical bodies condemn arrest of surgeon after patient dies

The South African Private Practitioners Forum (SAPPF), Surgicom and the Association of Surgeons of South Africa (ASSA) has condemned the arrest of a KwaZulu-Natal surgeon for murder, saying the matter is still pending before the Health Professions Council of South Africa (HPCSA).

The surgeon was arrested last week.

SAPPF and ASSA said the matter relates to the death of a patient in 2019 and is currently the subject of pending civil action and court proceedings but no finding has yet been determined.

“The surgeon has always insisted that the patient’s death, whilst unfortunate, was not due to any act or omission on his part,” the organisations said in a statement.

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“Murder implies the intentional and pre-meditated killing of another human being and is not appropriate for the unexpected death of a patient following medical treatment,” they said.

Negligence or complications of treatment?

The medical bodies said deaths which occur after surgical procedures require investigation in accordance with South African law and if negligence can be proven, healthcare practitioners should face appropriate sanction.

“However, if this arrest signals the intention of the Department of Public Prosecutions to pursue medical professionals for alleged serious complications of treatment as criminal acts, the implications for healthcare practitioners are very serious.

“Few surgeons in this country will be willing to continue practicing if they face the risk of arrest for murder following the unexpected death of a patient.”

They say where it is necessary for healthcare practitioners to appear in court, their attendance can be secured by a summons rather than arrest.

“We call upon the Director of Public Prosecutions and the South African Police Services to withdraw these charges and allow the ongoing civil and HPCSA processes to continue to completion.”

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