INVITATION TO ATTEND A COLLOQUIUM

THEME: ‘Do we need a paradigm shift in our approach to handling medical negligence disputes?’

21 MAY 2016, PE ST GEORGE’S CLUB 08h30 – 13h00

Why it is important to attend the colloquium/seminar: There is a growing concern amongst medical practitioners that they are been targeted by lawyers, sometimes without merit. Whether they are right or wrong in their assertions, we have a crisis on our hands which makes the healthcare sector vulnerable. While it can be said that lawyers must be left to do their work, they do however, have an ethical and moral duty not to exploit the situation for self- gain.

There are many instances where there is no prima facie negligence and difficulty will be experienced in the plaintiff proving his or her case. Yet, many attorneys pursue those cases in the hope that some offer will be forthcoming. On the flip side of the coin, some attorneys, responsible for defending actions, without reasonable prospects of them succeeding in their defence on behalf of their clients. In recent times, our courts are sanctioning such conduct through adverse cost orders

Meantime, there is a huge reputational risks amongst the healthcare professionals facing those claims. Doctors and nurses are not keen to speak to patients or their families afterwards or render an apology for a mishap that occurred, even though they may be blameless. What follows is a sustained acrimonious relationship between the healthcare practitioner and patient or family. Because of the rise in claims against healthcare practitioners in private practice, their insurance premiums have escalated to such a degree that many of our top specialists are leaving the profession. This could ultimately have a very serious effect on the private healthcare sector.

There is also the growing concern about the explosion of compensation paid for damages and legal costs, running into billions of rands. The depletion of the State coffers also pose a serious challenge to the public sector. Monies spent in that way, can rather be utilized in replacing obsolete medical equipment and improve the healthcare services in South Africa.

Deserving clients and their lawyers sometimes wait inordinately long to finalize those cases, with huge capital outlays and accompanying risks facing lawyers. Finalizing those cases much earlier, will bring much relief to all the parties concerned. It is for those reasons that we need to find solutions to the problems encountered in the healthcare sector and practice.

SCHEDULE:

08h00 – 08h30: Registration

08h35 – 08h45: Opening and brief introduction to the theme by Dr Henry Lerm, SAMLA

Eastern Cape Chairperson.

08h45 – 09h15: Ms Karen Lee (Attorney) .

09h15 – 09h30: Discussion and Questions

09h30 – 10h00: Prof Raj Naidoo (NMMU)

10h00 – 10h15: Discussion and Questions

10h15 - 10h45 Adv. Chris Mouton SC (Advocate)

10h45 – 11h00: Discussion and Questions

11h00 – 11h30: TEA BREAK

11h30 – 12h00: Speaker still to be announced

12h00 – 12h15: Discussion and Questions

12h15 Closure followed by a light lunch

Venue: PE St George’s Club, Bird Street, Port Elizabeth

COST: R 350, 00 per person which includes refreshments and a lunch.

PLEASE SEE ATTACHED MEMBERSHIP APPLICATION SHOULD YOU WANT TO REGISTER TO BECOME A MEMBER BEFORE REGISTERING FOR THIS SEMINAR.

Application will be submitted for CPD points

Registration & proof of payment due by 10 May 2016 (See attached registration form and payment details)

Enquiries to : Henry Lerm

Christa Koelewyn:

MAP:

12 Bird St, Port Elizabeth

Non-Profit Company. Registration Number: 2005/013822/08

Web: www.medicolegal.org.za l E-mail:

Directors : The Hon Mr Justice CJ Claassen (Chairperson), Dr HJ Edeling (Deputy Chairperson), Dr HB Pienaar (Treasurer), Dr CJ van Zyl-Edeling (Administration Director), Prof JHR Becker (Education Director), Adv AT Lamey (Mediation/Arbitration Director),

Ms R Sutherland (Communications Director and Western Cape Branch Chairperson), Adv IT Dutton (KZN Branch Chairperson), Dr H Lerm (Eastern Cape Branch Chairperson), Mr J Nkeli (Membership Director) Adv CA Da Silva SC, Dr HB Enslin, Dr AM Kellerman, Prof EEG Lautenbach, , Mr TL Reynolds, Prof G Saayman, Dr F Snyckers, Dr Adv AH van den Bout, Adv P van den Heever, Mr U Fobian