The South African Private Practitioners Forum (SAPPF), Surgicom and the Association of Surgeons of South Africa (ASSA) have strongly condemned the arrest of a KwaZulu-Natal surgeon who has been charged with murder, saying the matter is still pending before the Health Professions Council of South Africa (HPCSA).
The surgeon was arrested on Friday in connection with the death of
a patient in 2019. He has always insisted death, while unfortunate, was not due to any act or omission on his part.
Writing in PoliticsWeb, Philip Matley, chairman, SAPPF & Surgicom, said that murder “implies the intentional and pre-meditated killing of another human being and is not appropriate for the unexpected death of a patient following medical treatment”.
He wrote that deaths that occur post-surgical procedures require investigation in accordance with South African law and if negligence can be proven, healthcare practitioners should face appropriate sanction.
“If this arrest signals the intention of the (National Prosecuting Authority) to pursue medical professionals for alleged serious complications of treatment as criminal acts, the implications for healthcare practitioners are very serious. 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.
“Where it is necessary for healthcare practitioners to appear in court, their attendance can be secured by summons rather than arrest. We call upon the Director of Public Prosecutions and the South African Police Services to withdraw these charges and allow the on-going civil and HPCSA processes to continue to completion.”
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