Abstract

This article takes a critical look at the current state of affairs of both our public as well as private healthcare sectors in South Africa. The focus of this article is to try and find reasons for the exorbitant amounts of monies spent on litigation, which our country can ill afford. What will be considered is whether we need a paradigm shift in our approach to handling medical negligence disputes? What will also be introduced as part of the suggested solutions are practices that can be put in place. It is especially the introduction of mediation as oversight mechanism and other practices that will receive wide attention.

Highlights

  • South Africa today is facing a devastating crisis in both our public as well as private healthcare sectors, with medical malpractice litigation spiralling out of control

  • What will be considered is whether we need a paradigm shift in our approach to handling medical negligence disputes? What will be introduced as part of the suggested solutions are practices that can be put in place

  • This paper investigates the conduct of lawyers when approaching medical negligence disputes

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Summary

SUMMARY

This article takes a critical look at the current state of affairs of both our public as well as private healthcare sectors in South Africa. The focus of this article is to try and find reasons for the exorbitant amounts of monies spent on litigation, which our country can ill afford. What will be introduced as part of the suggested solutions are practices that can be put in place. What will be considered is whether we need a paradigm shift in our approach to handling medical negligence disputes? It is especially the introduction of mediation as oversight mechanism and other practices that will receive wide attention

INTRODUCTION
38 Sohn and Bal “Medical Malpractice Reform
48 Binder Mediating Medical Malpractice Disputes
51 Australian Law Reform Commission “Effect of Apology on Liability”
CONCLUSION
Findings
64 Allen “A New Way to Settle Old Disputes
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