Obligations, liability and insurance of medical professionals

Abstract

The aim of this thesis is to outline the core obligations pertaining to the medical profession, some of which have been overlooked or even abused for several years. Recent awareness of the importance of such obligations has led to the necessity of these issues being legally addressed. As a result of the great responsibilities attached to medical practice and the inherent obligations of the profession, the members of the profession become liable for instances of malpractice or negligence. Conversely, the medical professional needs to be protected from abusive claims. Medical liability insurance therefore becomes a key element in enabling compensation where claims are awarded in cases of this nature. The first two chapters of this thesis deal with the concept of 'informed consent' and the extent to which the practitioner is responsible for ensuring this. It is of course a prerequisite of acceptance of treatment that the patient is aware of the procedures to be undergone as well as the relevant prognosis and possible complications. Chapter three takes on the issue of Professional Secrecy and Medical Records. This notion goes beyond the basic idea of Data Protection. In this field, since time immemorial, confidentiality is deemed sacred Chapter four deals with the current and upcoming concepts of e-Health. This issue is related to the onset of globalisation and Information Technology. The vanous issues connected with this technology is touched upon in this chapter. In chapter five, the standard of care expected from a professional is discussed. Amongst other things, the fine line between error and fault is discussed and the establishment of a connection between cause and effect. Finally, chapter six focuses on Medical Insurance. It considers whether Medical insurance defeats the purpose of the desirable effect that the courts strive to achieve by awarding compensation. It also weighs the right of practitioners to be protected vis-a-vis the award of excessive settlements and how this is tackled in various countries.