The South African Medico Legal Society

Dear Colleagues and Friends

The South African Medico Legal Society is proud to confirm the seminar about Expert Witness – Expert Opinion, which will be held on 5 October 2002 at the Protea Midrand Hotel. The seminar commences at 09:00 and will end about 13:00. Please diarise this event, as you will surely be sorry not having attended this important meeting. A short general meeting for members will take place from 08:30 to 09:00.

As in previous newsletters mentioned the list of eminent speakers about this important subject for medical and legal practitioners is awesome. To give you a precise indication what to expect, note the following:

* From 09:00 to 11:00 the speakers will be:

1. Prof Pieter Carstens, Head of the Department of Public Law at the University of Pretoria. He will give us some academic legal background of the subject.

2. Prof Vivian Fritz, Child Neurologist of Johannesburg will give some personal experience about testifying in court as an Expert Witness

3. Prof Ren van Rooyen, Physician of Pretoria, who will discuss some medico legal aspects and his own experience.

* A tea and coffee break will be held from 11:00 to 11:30.

* From 11:30 to 13:00 the speakers will be:

4. Adv Dawie Fourie SC and acting judge about the practical and legal point of view of being an expert witness and giving an expert opinion

5. Judge Bertelsmann will give his learned views from the bench’s point of view.

* Time for discussion will be given after every paper before tea and coffee break and from about 12:30 to 13:00 after the break.

The subject of this Seminar Expert Witness – Expert Opinion is of such importance for the whole process of the judicial system, that it really should not be missed by anyone who has an interest in the Medico Legal field. Medical doctors attending this seminar can earn 4 CPD points.

Paid up members of the SAMLS will have free access to this seminar. Otherwise the cost for this seminar will be R 450,00 per person. Please make sure you have paid your membership fee, or have applied for membership in the case you qualify. Details about members, membership and membership fees are available on our well organised website www.samls.co.za.

If you have not visited our website recently please do so, as you will be surprised about the information that is offered on this site.

Paid up members are also reminded of the fact that the own SAMLS ties and scarves will be handed out at this seminar. Gentleman members have a choice between two ties, receiving one for free while they can purchase the other one for the amount of R 120,00. Lady members will be presented with a beautiful SAMLS scarf. All this items are also to be viewed on our website, under the heading of Logo, Ties and Scarves.

Let us make it a tradition to wear this tie or scarf at important Medico Legal meetings, or when going to court as an expert witness, lawyer or advocate. Let us make these ties and scarves something to be proud of to wear and a symbol to recognise each other in the united stand behind our Society.

The good news is that our membership fee will stay the same at R 750,00 per person for the year 2003. This membership fee pays for the 2 seminars planned for the next year, as well as some administrative costs. The subject of the two seminars will be discussed at the seminar of 05 October 2002. Some suggestions are:

Aids – Legal aspects and consequences
Negligence in the medical and legal profession
Professional secrecy and record keeping
Implications of our new Bill of Rights for the Medico Legal profession
The right to life of unborn human life
Death, moment of death and the right to die
The Medico Legal judicial system - past, present and future

Let us make meaningful decisions to make the seminars interesting, useful, continued education and something to look forward to.

The committee about Medico Legal Reports has completed a committee consensus report for comment of members of the SAMLS. The Committee consisted of a lawyer, 2 cost consultants (both with liaisons to the Road Accident Fund), and three medical specialists. The preliminary report will be placed on our website as well as comments of our members. No names will be attached to these comments to be reasonable and fair in our open and democratic Society based on equality and freedom of speech. Please e-mail your comments, good or bad, before the end of the year.

Beginning of next year a consensus point of view will be composed and possibly discussed at a Medico Legal Report and Fee workshop, depending on the interest shown. The final report will be composed thereafter and will be the recommended view of our Society.

The whole purpose of this exercise is the direct payment of recognised fees, which will give recognition to the experience and efforts put into that report by each individual specialist. With a tool to negotiate proper payment without delay and non-disputed, the SAMLS could serve its members interest.

Something to look forward to on our website will be the publication of Judge Satchwell’s report about the Road Accident Fund, with a knowledgeable comment from one of our members. The dust won’t settle easily on that one. Our Society could however play an important role that regard if we could just stand together and unite for our principles.

For interest sake I want to mention to you the publication of the 67 cases in the Dutch Medical Disciplinary Judicature for the year 2001. Each year court cases and verdicts are summarised from the Regional and Central Medical Disciplinary Courts. Its publisher, Koninklijke Vermande recently made the 2001 booklet available. Not only interesting, but necessary as well to take notice of, as our new constitution in section 39 prescribed the interpretation of our Bill of Rights where a court, tribunal or forum must consider international law (sec 39(1)(b)) and may consider foreign law (sec 39(1)(c)).

As the publication of Dutch Disciplinary Cases is in the Dutch language only, some help while translating it from my mother tongue could be useful for some.

Two Regional and five Central Disciplinary Cases deal with the subject of Expert Witness – Expert Opinion, most of them about psychiatrists.

Case 53 however deals with a complaint about a radiologist. The complainant alleges in the first part of her complaint that a screening mammography was interpreted wrongly and a carcinoma was missed. The complainant alleges negligence on the part of the radiologist. The Regional Disciplinary Court of Amsterdam judges the radiologist’s report however to be within the limits of the reasonable competent and reasonable acting screening’s radiologist. The so-called minimal signs on X-rays were no reason to refer the patient for further diagnostic radiology.

The second part of her complaint however deals with the fact that 5 other screening radiologists were asked their opinion about the X-rays. Violation of the right to privacy and private information was alleged. The patient alleges a breach of her right of informed consent. Although the court agrees about the principle of the allegation, the complainant has no grounds to object to the second opinion of the other radiologists as it only served the purpose to investigate her allegation of negligence. The second expert witnesses were asked for their opinion by the Institute where the complaint about negligence for missing a mamma carcinoma was laid. The second expert opinion wasn’t sought after by the radiologist charged, without the patient’s consent, or ordered by the court.

Simply: she wanted the opinion of the radiologist concerned to be tested for negligence and in no other way could that have been done without expert opinions of his colleagues. Nevertheless it was the court’s opinion that the patient has to be informed about the procedure and needs to consent to that process. Transparency and objectivity are key words. Perhaps our own Health Profession Council could take notice of this.

Last but not least I want to thank everybody for their enthusiasm about our Society and its aims, and I want to extend a word of welcome to all newcomers. Please stay involved and help us build together a great organization that will change the way of Medico Legal Science as practised in South Africa for the best.

See you at the seminar of 5 October in Midrand.

Your president

DR & ADV ANTON H VAN DEN BOUT

EXCO MEMBERS:- Mr Jan van Rooyen - Vice President

Dr. Dave Barnes - Secretary

Dr. Henny Pienaar – Treasurer

Prof Pieter Carstens – Member