A critical Evaluation of the Locality Rule regarding the rural health care service in Public Sector

Abstract

The South African health sector encounters significant challenges of inequality in terms of access to health care services. A ‘quadruplet burden of disease’ does not make access to health any easier. Patient’s access to health care can be hindered by the patient’s residential area. Rural patients are faced with hospitals that do not have specialist care while urban areas are swamped with patient who need specialist care. Medical general practitioners’ scope of practice is limited and that creates challenges when patients need specialised care in a resource constrained environment. The time it takes for the patient in public health sector to access health services may be affected by their locality. The same challenges may be experienced by patient in private sector with medical Aids who are residing in the rural areas. The state’s impression is that demand is more than supply. On the other hand the court pursues justice for people who do not receive timeous access to healthcare. The study will be researching on locality issues that can jeopardise the standard of care. Although The Health Professions Council of South Africa is silent about the Locality Rule but it has unanimously adopted prerequisites and contraindications for using the Locality Rule as a defence. The Council has a duty in terms of Health Professional Act 56 of 1974 to uphold patient safety. The work seeks to understand the origin of the locality rule, its application in terms of the Constitution of the Republic Of South Africa, case law and relevant legislature. The work will also take into consideration the historical background of the South African health system and its responsibility in advancing socioeconomic rights for the citizens of South Africa. The prerequisite for using resource constrains and special circumstances will be discussed.