Wednesday, 17 August, 2022
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Medico-Legal Analysis

A few disproportionately responsible for SA’s gynaecological medico-legal burden

The disproportionately large contribution of a “small group of practitioners” towards South Africa’s medicolegal burden suggests a need for strengthened peer review and regulatory...

Ghana’s draconian anti-gay Bill punishes LGNTQ+ people and their supporters

Draft anti-gay legislation submitted to Ghana’s parliament proposes up to 10 years in jail for LGBTQ+ people as well as groups and individuals who...

SA’s criminalising of infant abandonment has been ‘a failure’

The criminalising of infant abandonment has been a failure, writes Murphy Nganga in a Weekend Argus report. The Children’s Act needs to be amended...

A legal position on business interruption insurance claims due to COVID-19

A United States appellate court found, in a case brought by oral and maxillofacial surgeons, that business impairment due to COVID-19 restrictions imposed did...

Protector’s ‘peculiar’ order on medical-negligence legislation

Public Protector Busisiwe Mkhwebane has again dived headfirst into constitutionally murky waters, instructing the government to “within 90 days” act to finalise the controversial...

IRR submission on NHI Bill: ‘Blatant elite enrichment’

The National Health Insurance fantasy can be sustained only by turning a blind eye to many inconvenient truths, said the Institute of Race Relations...

COVID opened the telemedicine door. Now to embed it

COVID-19 provided an impetus for extensive use of telemedicine. The time has now come to convert a band-aid into a viable long-term safety net,...

Medical malpractice courts proposed to tackle soaring claims

The creation of specialist medical malpractice courts, which could use medically trained judges, is being proposed by the Actuarial Society of South Africa as...

SA’s new compulsory vaccinations regulations: Not an employer carte blanche

Last week's gazetting of regulations to allow employers to make COVID-19 vaccination compulsory, are not a blanket permission, writes labour attorney Michael Bagraim. It might...

Lawyers increasingly 'call the tune' with expert witnesses

Instructing solicitors must not jeopardise the impartiality of expert evidence, the Deputy President of the UK Supreme Court said, citing a study which suggests...

Success of No-Fault Compensation Scheme depends on efficiency of claims process

The extent to which claimants choose to avail themselves of the COVID-19 Vaccine Injury No-Fault Compensation Scheme r rather than litigate will in part...

How the no-fault Compensation Fund for vaccine injury will work

Cover for vaccine injury is vital and the mooted Compensation Fund, although still in the process of finalisation, outlines how this will take place,...

ConCourt judgment is an opportunity to resurrect Bill on state liability

While the recent Constitutional Court ruling that the courts may order alternative compensation to those injured as a result of medical negligence is sound...

Tiger Brands' listeriosis victims in legal limbo for 3 years

Food manufacturer Tiger Brands’ initial transparency and willingness to address legitimate claims by victims of the world's most lethal and larges listeriosis outbreak was...

UK's Court of Protection can compel a COVID-19 vaccination

The UK's Court of Protection — which has jurisdiction over the property, finances and personal welfare of people who lack mental capacity to make...

IP and COVID-19 medicines: Why a WTO waiver may not be enough

The COVID-19 pandemic, and the race to make vaccines and other useful technologies more accessible to people around the world, has once again highlighted...

Tobacco ban's failure shows the 'painful' limits to forcing social change

The failure of South Africa's tobacco sales ban shows the "painful" limits to forcing social change, writes Stellenbosch University's Prof Willem Boshoff. The overwhelming...

Govt's alcohol ban was not properly considered, argues SAB

South African Breweries (SAB) has argued that the government’s assertion that its decision to ban the sale of alcohol was taken carefully is without...

SA government can and should compel vaccinations — De Vos

Anti-vaxxing beliefs and vaccine hesitancy among a significant number of South Africans may hamper vaccination efforts in this country, writes Prof Pierre de Vos...

SA has the legal tools to challenge vaccine nationalism – and should use them

“International and national legal frameworks could enable the government to ensure generic COVID-19 vaccines are manufactured locally and in other developing countries, particularly in...

IP rights are rights a key, not a curse, to vaccine development

While morally appealing, calls for the suspension of intellectual property (IP) rights on COVID-19 vaccines would be a backward and misguided step, argue Mark...

Mandatory COVID-19 vaccination policies entail 'considerable legal risk'

Any attempt by an employer to mandate vaccination against COVID-19 as a condition for ongoing employment, aside from the ethical aspects, entails considerable legal...

What proposed Tobacco Bill means for vaping in South Africa

With the Control of Tobacco and Electronic Nicotine Delivery Systems Bill (2018) on the horizon, health organisations and tobacco control lobbyists are failing to acknowledge the benefits...

Cannabis Bill flawed by privacy and equality concerns

Despite being a step in the right direction, the Cannabis for Private Purposes Bill “is not holistic in achieving the goal of public health...

'Emergency medical treatment' and the legal position of COVID patients in ICU

Whether COVID-19 patients in need of extended care in an intensive care unit qualify for ‘emergency medical treatment’ is answered by considering the South African...

Parliament should reconsider 'woefully lacking' Cannabis for Private Purposes Bill

South Africa could be a global leader in the cannabis sector but the Cannabis for Private Purposes Bill is woefully lacking in proper research,...

A possible 'little guy' counter to outrageous US medical bills

The problem of outrageous medical bills and the patient's liability to pay the balance on charges not covered by medical insurance, are covered in a...

Former UK Chief Justice warns of folly and coercion over COVID-19

The British government had seized on the coronavirus to "exercise coercive powers over its citizens on a scale never previously attempted,”, said the country's...

Mkhize’s new health regulations: Power grab or tying loose ends?

As Health Minister Dr Zweli Mkhize’s proposed amendments to regulations on notifiable medical conditions came under fire in Parliament this week, some public health...

Medical device regulation in SA is a 'tangled web'

Technically, South Africa does not currently register medical devices in the way it registers medicines. So, asks Catherine Tomlinson writing Spotlight, what does it...

The legal dangers of rushed vaccines and pharma immunities

There are very real dangers to allowing pharmaceutical companies legal immunity in order to fast-track a COVID-19 vaccine, writes The Independent. Coronavirus made the fear...

The 'deplorable pathology' of medico-legal litigation

Attorney Zuko Nonxuba is facing multiple criminal charges and ethical complaints over nearly R1bn in medical negligence claims he has lodged against the Western...