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What Are Medical Ethics and How Are They Upheld?

Medical ethics can be defined as a set of “principles that provide a framework for healthcare professionals to prioritise patients' well-being, dignity, and trust.” In South Africa, the Health Professionals Council of South Africa (HPCSA) has established guidelines covering a wide range of ethical topics. These include patient consent, confidentiality, sexual and reproductive health rights, and regulations around withholding or withdrawing treatment.

Under South African law, medical malpractice occurs when a healthcare practitioner, registered with the HPCSA, acts in violation of these ethical codes, compromising patient trust, respect, or well-being. Examples of malpractice include undermining patient confidentiality, administering incorrect treatment, inadequate record-keeping, or performing surgery on the wrong body part. When a patient is affected by medical malpractice, and it is proven that ethical standards have been violated, they have the right to seek justice and compensation. This compensation can cover hospital expenses, long-term care, future medical costs, lost income, and more.

Upholding Medical Ethics

Medical professionals receive stringent and ongoing training to ensure that they understand medical ethics and adhere to ethical guidelines set out by the HPCSA. If they fail to do so, they might face severe consequences, including a disciplinary hearing, suspension, or even complete removal from the medical community. When a medical practitioner fails to adhere to medical ethics, for example, respecting patient confidentiality or adhering to the proper duty of care, patients have the right to take legal action against them. In such instances, it is advisable to work with an experienced medical attorney who understands the intricacies of medical ethics and can meticulously analyse the case and find weaknesses within the medical party’s defence. Medical law attorneys are essential for several reasons:  - They understand the intricacies of medical law, leveraging their knowledge to build a strong, evidence-based case. - They are skilled negotiators, working to secure a fair compensation claim that covers lost income and all present and future costs. - They will handle the heavy lifting so that you can focus on your recovery. - They will advocate for your rights, defending you at every turn.

Get In Touch With Our Dedicated Attorneys

If you have experienced medical malpractice or are unsure whether medical ethics have been violated, reach out to our qualified legal team. We will analyse your case and work to achieve the best possible outcome so that you can move forward and access the justice you deserve.

Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – September 2024