The Impact of Medical Malpractice on the Patient’s Rights in the Context of South Africa

Abstract

The vast majority of accidents that take place in clinical settings are the direct consequence of unavoidable mistakes made by individuals operating within the confines of dysfunctional institutions. An increase in patient safety is the result of healthcare professionals' efforts to encourage blameless reporting and organisational learning. The fault-based civil liability law that inhibits more open discussion between physicians and patients about medical conditions is in opposition with this because of the aforementioned reason. When there is no universally accepted definition of the phrase medical error, litigation and, as a consequence, providing fast and sufficient financial compensation to patients may be rendered more difficult. In this aspect, the performance of no-fault systems is much superior. A dual-track liability system for medical malpractice may be the only option that may sufficiently safeguard patient rights. Despite the fact that it is complicated to create and difficult to administer, this system may be the only one. The objective of the study was to investigate the ways in which patients' legal rights might be affected by substandard medical treatment. In this study, a qualitative research approach was adopted, and primary and secondary sources of information were consulted. The most significant conclusions from this study related to the significance of patients' rights being affected by medical malpractice. Patients are the ones who end up being victims of such practises, thus it makes sense that patients would be affected by such practises. It is for this reason that a high-quality health care system is desired, since it will both extend and improve the rights of patients.