Saying sorry – should a ‘safe space’ be created to allow effective communication between healthcare practitioners and aggrieved parties after an iatrogenic event in South Africa?

Authors

  • M S Khan Steve Biko Centre for Bioethics, School of Clinical Medicine, Faculty of Health Sciences, University of the Witwatersrand, Johannesburg, South Africa
  • M C Laubscher Faculty of Law, North-West University, Potchefstroom, South Africa https://orcid.org/0000-0001-7825-5650

DOI:

https://doi.org/10.7196/SAMJ.2024.v114i8.1881

Keywords:

Apology Laws - medical negligence - settlement

Abstract

The incidence of medical negligence claims is well documented in South Africa (SA). Civil and criminal processes are in place to deal with this, and the matter may be reported to the Health Professions Council of SA (HPCSA). There is a school of thought that suggests that these processes do not provide sufficient relief to an affected party. The processes are not always satisfactory; an aggrieved party may wish to know the reasons why a particular error occurred and why a healthcare practitioner acted in a particular manner. In addition to this, they may want to receive a sincere apology. Medical practitioners may also want to communicate with patients or family members of a patient who has passed away as a result of an iatrogenic event, but may be fearful of litigation. This article considers the current position in SA in relation to issuing an apology related to an iatrogenic event, and consults foreign jurisdictions for further guidance on the topic. 

Author Biography

  • M C Laubscher, Faculty of Law, North-West University, Potchefstroom, South Africa

    Lecturer, Faculty of Law, North-West University

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Published

2024-08-02

Issue

Section

In Practice

How to Cite

1.
Khan MS, Laubscher MC. Saying sorry – should a ‘safe space’ be created to allow effective communication between healthcare practitioners and aggrieved parties after an iatrogenic event in South Africa?. S Afr Med J [Internet]. 2024 Aug. 2 [cited 2024 Dec. 9];114(8):e1881. Available from: https://samajournals.co.za/index.php/samj/article/view/1881

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