The South African Medico Legal Society

SOUTH AFRICAN MEDICO LEGAL SOCIETY
Incorporated Association not for gain
(Section 21 Company of Act 1973)
2005/013822/08

1169 Charl Cilliers Street
Mountain View
0082
E-mail:- medlegcl@mweb.co.za
Tel:- 012 379 5940 (m)
Fax:- 012 379 5941
Website:- www.samls.co.za

Your Ref/U Verw Our Ref/Ons Verw Date/Datum
MR A T LAMEY 26 August 2008
Direct No: (012) 452 4118
Direct Fax: (012) 452 4284
E-mail: albertl@roothwessels.co.za

NEWS LETTER

Dear Members

1 It seems that for the majority members of our society this year in particular has been quite a busy and eventful year. It is quite alarming that this year is already in the eight month. I am sure that most of you are becoming increasingly aware of events and factors that are influencing our daily lives and careers, such as developments on the political front, the economy, power cuts, crime and in particular developments in our health care system and environment. To continue to name further examples would leave us with a very despondent state of mind which in itself will not change the situation. The times that we live in require from all responsible citizens and especially professionals to demonstrate character and to do those things that could improve the quality of the lives of all of us.

2 SEMINARS

2.1 The first seminar of the year was held on 24 May 2008 with the topic "The beginning of life and the end of life." Guest speakers at the seminar were Dr A van Eeden, CEO of Doctor for Life, and also Prof Peter Carstens of the Faculty of Law, University of Pretoria. Dr Van Eeden presented a very interesting and scientific argument of Doctors for Life that life begins at the time of conception. In order to substantiate the argument reference was made to various prominent authorities. The fallacy of arguments to the contrary was illustrated and discussed during the presentation. Euthanasia and the legal termination of life and its dilemmas and anomalies were also well presented by Dr Van Eeden. Speaking from the perspective of a legal practitioner the seminar and the subsequent discussions made one aware of the enormous task of legal practitioners and our courts to take cognisance of the latest developments in medical science. This is especially important for those legal practitioners that have a special interest in medico-legal work. The legal perspective which Prof Carstens brought upon the subject has also given medical practitioners the benefit of obtaining a legal view on the topic. It is to be borne in mind that, as medical science is in a continuous process of evolution, so is the law. The moment that the courts have an opportunity to hear and adjudicate evidence based on expertise and science on any subject, the courts will be in a position through their judgments develop also the law.

2.2 In this regard it is very important for medical practitioners to always bear in mind the importance of their expert evidence and to make themselves available for court cases in order to assist the courts with their expertise. As a legal practitioner one often hears a view point of experts who only elect to make themselves available for plaintiffs or only elect to make themselves available for defendants in court matters. Some elect not to make themselves available at all. Although each potential expert will in his own mind justify each of these different stances, sight must not be lost of the fact that the role of an expert is always to be impartial, objective and that there is a need and importance for medical practitioners to assist wherever they can and when called upon to do so to make themselves available as expert witnesses. Impartiality or objectivity should never be threatened by the party who calls for assistance or input from a medical expert.

3 NEXT SEMINAR

3.1 The next seminar will be held on 18 October 2008. Members' attention is specifically drawn to the importance of this next seminar which will deal with the subject of typical risks in the various disciplines of surgery i.e general surgery, gynaecology, neurosurgery, orthopaedics etc. Risks that have a special bearing on insurance premiums will be the focal point at the seminar. Representatives of the Medical Protection Society (MPS) have been requested and has indicated their willingness to be guest speakers at the seminar. A well-known and experienced advocate has also indicated to make himself available and to share his experiences over the years with the audience. I strongly want to urge our members to inform their colleagues of this seminar and to be on the lookout for the details of the program that will follow soon by email.

4. MEMBERSHIP FEES

4.1 At the recent EXCO meeting held in August 2008 the undermentioned membership fee structure was approved with the effect from 1 January 2009. The effect is to reduce the full membership fees from R750.00 per annum to R450.00 per annum. The rationale for the reduction is that it was found that it was not possible for most of the members to attend two seminars per annum in order to benefit from the full fee. Most of the members are only able to attend at least one seminar per annum. Furthermore, the financial position of the SALMS is of such a nature that it could afford a reduction in the full membership fees. The SAMLS trusts that the reduction will also encourage participation by more members and also the recruitment of new members to the Society.

4.2 The fee structure is therefore as follows :

Full time academic membership : R150.00 per annum (available for members of the Society that holds a full time academic position at a university or other approved tertiary institution.

Students : R50.00 per annum.

I sincerely trust the rest of this year will be more peaceful for all of our members and I'm looking forward the seeing you at the next seminar.

Kind regards

ALBERT LAMEY
CHAIRMAN : SAMLS