Attorneys turn to malpractice for claims

Private doctors are likely to see an increase in malpractice suits because of proposed changes to the Road Accident Fund (RAF). The situation is ultimately likely to impact on doctor’s fees.

This is according to Graham Anderson, CEO and principal officer of Profmed, a restricted medical aid scheme company. The expectation comes from the stricter conditions that will apply when claiming from the RAF, which will be renamed the Road Accident Benefit Scheme (RABS).

In terms of the RABS, payments will be made directly to claimants as well as medical and healthcare service providers. It will run on a ‘no fault system,’ which does not require an attorney’s assistance. The benefit scheme will be funded by the fuel levy and will provide structured, defined benefits rather than cash lump sums.

Anderson clarified, “I anticipate a potential rise in doctors’ fees, due to their increasing need for insurance cover to protect against possible malpractice suits. These costs would then, logically, be borne by their patients,” Anderson added.

However, Johann Roux, an attorney in the personal injury department at De Broglio Attorneys, said, “Over the last few years there has been a marked increase in medical negligence claims and, although there are more law firms that have tried their hand at these claims, I am of the view that there are other more important factors that led to this increase.”

“Patients are more aware of their rights these days and have more access to knowledge and this makes them more inclined to ask questions when things go wrong. There is also not really an adequate complaint process in the country to address malpractice complaints so patients turn to lawyers when dissatisfied. Lastly, one should also keep in mind that the rapid development of medical science, especially surgical techniques, medications and medical equipment, which makes medical practice more complicated and hence the chances of errors being made, are also increased,” Roux added.

Partner in Munro Flowers Vermaak Attorneys, Stephen Flowers, agrees with Roux’s sentiments about patients rights and stated, “I have been informed that the proposed changes are unlikely to be implemented before 2018 / 2019. It is possible these changes may increase the number of law suits against doctors but there has already been an increase in the past few years of malpractice suits against doctors, especially in the government sector.

“This is due to patients being more aware of their right to sue doctors and the perception, of not being able to take action and be compensated, has changed. However, it is not always the doctors but also the nursing medical staff that are sued for malpractice,” Flowers explained.

Details: Profmed, degree@profmed.co.za, 080 033 4733; Munro Flower Vermaak Attorneys, 011 327 5418; De Broglio Attorneys, 011 446 4200.