July
Dear Colleagues and Friends
It has been sometime a newsletter has been presented. Although it would seem the perfect way of communication, it appears that not all members take notice of its contents. However communication between the EXCO and the members of our Society is of paramount importance as it enhances its development and stimulates it growth.
MAY SEMINAR
A very successful seminar in May 2004 about ethical issues between doctors and lawyers, organised by our EXCO members was again held at the splendid new offices and boardroom of Rooth & Wessels. As society we want to extent our sincere thanks for such a great venue to this well-established and renowned firm of lawyers. It is very central and accessible.
We would like to thank our eminent speakers too for a very successful meeting.
OCTOBER SEMINAR
Our next seminar will be on 16 OCTOBER 2004, same place, same time. This third Saturday morning of October 2004 will be dedicated to Forensic Aspects of the Practice of Medico-Legal Matters. Only two speakers will be approached to give ample time for discussion, as this exchange of thoughts is almost as important as the lectures itself. Both speakers will be eminent in their field, one of the legal and the other of the medical fraternity. Surely not to be missed as continued education is one of the goals of our society.
Each seminar we see as a building stone in the process of proper practise of medico-legal matters. We need to lay a proper foundation for everyday medico-legal practice. Contact and exchange of knowledge and by that gaining insight into different problematic issues only enhances the standards of practice. More details of the coming seminar in October 2004 will be communicated.
WEBSITE AND LEGAL LITERATURE
To keep updated with recent publications in the medico-legal field is important, but not so easy to achieve. Fortunately our eminent member Prof Pieter Carstens will give us a legal update soon. The previous update, as well as all the following can be viewed on our website, www.samls.co.za. As our website is our presentation to the world as an internal communication medium we welcome any suggestions to improve the website. Especially links to other important websites are valuable. Some links are already available. A special thanks goes to Mrs Pat Tweehuysen for her dedicated work on the website.
To read however the first volume of the 2004 issue of the De Jure, a publication of the University of Pretoria, lets one feel proudly South African. Just to highlight an article important for medico-legal practice is the article of Bernard and Mildred Bekink about the modern South African perspective of the standard of the best interest of the child. Our constitution now entrenches various rights of children and reaffirms the former common law requirements. International and foreign law must and may be considered in our law system as entrenched in Section 39(1)(b) + (c) of our constitution. The best interest of the child plays an important role in medico-legal practice and reading of this article is recommended.
The newly covered issue of the Tydschrift voor Gezondheidsrecht is one of such international publications which is worthwhile to study. Not only does it present current thinking in the Netherlands, but it also stimulates thoughts about issues we have not even thought about. In one of the latest issues it also discusses the very informative booklet regarding Medische Aanspraaktlikheid as published in 2002 with for instance Prof Sluyters and Prof Gevers as contributors.
An interesting comment of Prof Sluyters is that the settlement of claims for negligence is not satisfactory (as it is here) and improvement of the system could be enhanced by a special medico-legal court system. This has been advocated by myself for years now, on the same footing as for instance the Labour Court. These specialised courts could achieve a speedy and possibly a more just and fair settlement for all parties involved.
Another interesting subject touched on in this booklet is the possible apportionment in the case of negligence, a subject that could be researched in our law system as well. Causality and causal nexus as usual plays the central and deciding role. As in our system, the dictum res ipsa loquitur (the matter speaks for itself) with as consequence the reversal of the burden of proof, is not applied. As in our country some people will however still propagate this point of view.
MEMBERS AND MEMBERSHIP
Members are reminded to pay their annual fees as this provides for basic costs and the organising of the seminars. Provisional financial statements about the Society’s finances will be presented at the October seminar. The services of Mr Farris, a retired director of Price, Waterhouse Coopers has been obtained in this matter.
New members to our Society were admitted at our latest EXCO meeting.
They are Dr. & Adv Navin Naidoo of Pretoria.
Mr S.G. Mothibe a member of the Johannesburg bar and former minister of Justice of Bophuthatswana,
Ms M.C.I Wilson a nursing sister and candidate attorney
Mr A. van Dyk, a well-known practising attorney of Pretoria
Ms B.A. Donaldson, psychologist in Greenside
Ms R.J. Gouws, attorney of Pretoria
Mr Z.P. Makondo, advocate of Pretoria
Dr J. Retter, orthopaedic surgeon of Milpark Hospital
Mr S.R. Rossouw, lawyer of Pretoria
Mr A.B.T. van der Hoven, lawyer of Pretoria
Membership certificates will be issued. If you however have not received one yet, please contact Mrs Pat Tweehuysen at 012 548 2935 (m). As usual the updated version of our membership list with all its particulars will be visible on our website. Please make use of this facility and use members of our Society if and when needed in medico-legal practice. To be on that list is something to be proud of.
ROAD ACCIDENT FUND
What is new? Nothing in particular! The usual applies! Disappearance of money, a shortage of money, compensation and payments and an almost endless waiting for a claim to be settled. Our minister of Transport, the honourable Jeff Radebe has however promised to put things straight before the end of the year. As many of our members’ income depends on the Road Accident Fund, we sincerely hope that this will be the case.
CPD POINTS
For our medical colleagues it is an extra bonus to earn the necessary ethical CPD points with each seminar. Certificates for that are issued. If you have not received the certificate please inform our secretary Mrs Pat Tweehuysen and the matter will be corrected.
CONCLUSION
As in the past contributions by members to this newsletter are most welcome. It is important to help rethinking the whole concept of medico-legal practice to improve its standards to the benefits of our patients and our clients.
Best wishes
Your president
DR & ADV ANTON H VAN DEN BOUT
EXCO MEMBERS:- Mr Albert Lamey - Vice President
Dr. Dave Barnes - Secretary
Dr. Henny Pienaar – Treasurer
Prof Pieter Carstens - Advisor
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