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HomeMedico-LegalKZN surgeon charged after patient's death, gets bail

KZN surgeon charged after patient's death, gets bail

A Richards Bay surgeon, charged with murder after the death of a patient, has been granted bail of R10 000.

As reported in MedicalBrief, the SA Private Practitioners Forum, Surgicom and Association of Surgeons of South Africa have condemned the unprecedented move of charging the doctor with murder for the 2019 death of a patient before Health Professions Council of SA (HPCSA) processes have been completed.

KwaZulu-Natal police spokesperson Lieutenant-Colonel Nqobile Gwala said the man was arrested on 26 August, and appeared in the Richards Bay Magistrate’s Court on the same day, and the case postponed to 4 October.

The case dates back to 22 August 2019 when a 35-year-old woman died in a local hospital after surgery. Her death is still being investigated

Charge condemned

In a joint statement, the medical bodies have called on the National Prosecuting Authority to withdraw the charge, reports News24.

“Murder implies the intentional and premeditated killing of another human being and is not appropriate for the unexpected death of a patient after medical treatment,"” the statement read.

“Deaths which occur post-surgical procedures require investigation in accordance with South African law and, if negligence can be proven, healthcare practitioners should face appropriate sanction.”

The associations warned of dire implications for healthcare.

“Few surgeons in this country will be willing to continue practising if they face the risk of arrest for murder after the unexpected death of a patient.” They said the patient’s death was subject to pending civil proceedings before the HPCSA, but no finding had yet been determined. The associations called for HPCSA processes to be completed.

Melomed, where the doctor had rooms, said the the surgeon’s arrest was a shock.

“It is our view that the (HPCSA) must investigate and deal with these allegations made against (the doctor) and that this matter not be dealt with in the criminal justice system.”

The hospital said it would not suspend his practice rights while the case gets under way.

 

News24 article – Richards Bay surgeon faces shock murder charge after death of patient (Open access)

 

See more from MedicalBrief archives:

 

Medical bodies condemn surgeon’s arrest and murder charge after patient’s death

 

Look to Scotland and New Zealand on criminal liability of doctors, urge experts

 

Accused paediatric surgeon Dr Peter Beale struck from HPCSA register

 

SAMA calls for specialised courts to handle medico-legal cases

 

 

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