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The South African health care industry is highly regulated and consumers are protected by a number of bills and charters. However, in some instances health care facilities like hospitals or clinics, or health care professionals like doctors or specialists will not adhere to the right of healthcare services their patients enjoy. What many people don’t realise however is that they have recourse if the right of healthcare services has been affected. One way you can protect yourself is by only making use of healthcare professionals that are registered at the Health Professions Council of South Africa (HPCSA). This regulatory body oversees the majority of health workers in South Africa and if they have been found guilty of negligence or malpractice they can be scrapped from the role, either for a set period of time or permanently, depending on the severity of the transgression.
The right to healthcare services include the following broad sections in a specific case, and negligence can occur in any of the following sections:
- Diagnosis
- Incorrect or misdiagnosis of a condition
- Delaying the diagnosis, resulting in an unfortunate outcome
- Incorrect reporting on test results
- Treatment
- Performing surgery without the necessary care and skill
- Doesn’t provide appropriate referral for the condition
- Inappropriately treating a condition
- Disease management
- Not providing sufficient warning, of the risks associated with a procedure or treatment
- Not informing the patient of alternative treatments or procedures.
However, because you have certain rights as a patient, you also have certain responsibilities you must adhere to. If you want to take certain steps against a healthcare provider you must prove that you have followed these responsibilities:
- To take care of your health
- To care and protect the environment
- To respect the rights of other patients and health care providers
- To provide your healthcare provider with accurate and relevant personal information for the purpose of diagnosis, treatment, rehabilitation and counselling.
The right to healthcare services can sometimes be a grey area, contact Adele van der Walt Attorneys today to help you along the way.
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