According to Kirstie Haslam, partner at DSC Attorneys, the proposed State Liability Amendment Bill which the government is seeking to pass, will have consequences for medical malpractice claimants, as it aims to both limit and structure the payment of damages where a patient has been a victim at a State hospital…
Haslam believes that the move from the lump sum system to the proposed periodic system is unworkable.
“The principle difficulty with the introduction of this Bill is that it is nothing more than a stop-gap interim solution pending possible greater legislative reform,” she explains. “As matters stand, the South African Law Reform Commission is undertaking an extensive investigation into what it terms “medico-legal claims” and in that context this Bill – which has a potentially massive impact on victims of medical malpractice perpetrated in State-run institutions, which would be mostly the poor – is premature.”
Administrative
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