State doctors need protection more than ever, including from the state

State doctors need protection more than ever, including from the state

State doctors need protection more than ever, including from the state

Not only does the State want to lessen its negligence claims burden by now trying to shed its traditional legal responsibility to indemnify its employees, writes Dr Tony Behrman. But State employed practitioners also face a significant range of other medico-legal risks that demand mitigation.

Behrman, MPS consultant writes:

Traditionally, and subject to the terms of the Treasury Regulations (of the Public Finance Management Act of 1999), the State has taken responsibility for claims in negligence by State patients against State employees. Understandably, given the burden of claims against the State, the State is looking at ways to lessen this burden. One of the more worrying steps taken for State employed health care professionals was the issuing of Personal Circular 43 of 2019 by Gauteng Health regarding the State pursuing employees for contributions in cases where the State loses in a clinical negligence case.

State patients, like those in private practice, are entitled to compensation should they be damaged due to negligent acts or omissions by State employees. State employees are covered in terms of the Treasury Regulations where the State is obliged to indemnify State employees for matters arising from acts or omissions occurring during the course of their duty whilst working for the State. The Treasury regulations hold the State responsible for compensating claimants and not recovering compensation from the State official as long as the official has not forfeited the State cover.

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https://www.medicalbrief.co.za/archives/state-doctors-need-protection-more-than-ever-including-from-the-state/