Can private obstetric care be saved in South Africa?

dc.contributor.authorHowarth, Graham
dc.contributor.authorCarstens, Pieter Albert, 1960-
dc.date.accessioned2014-12-10T12:10:19Z
dc.date.available2014-12-10T12:10:19Z
dc.date.issued2014
dc.description.abstractThis article examines the question of whether private obstetric care in South Africa (SA) can be saved in view of the escalation in medical and legal costs brought about by a dramatic increase in medical negligence litigation. This question is assessed with reference to applicable medical and legal approaches. The crux of the matter is essentially a question of affordability. From a medical perspective, it seems that the English system (as articulated by the Royal College of Obstetricians and Gynaecologists) as well as American perspectives may be well suited to the SA situation. Legal approaches are assessed in the context of the applicable medicolegal framework in SA, the present nature of damages and compensation with reference to obstetric negligence liability, as well as alternative options (no-fault and capping of damages) to the present system based on fault. It is argued, depending on constitutional considerations, that a system of damages caps for noneconomic damages seems to be the most appropriate and legally less invasive system in conjunction with the establishment of a state excess insurance fund.en_ZA
dc.description.librarianam2014en_ZA
dc.description.urihttp://www.sajbl.org.zaen_ZA
dc.identifier.citationHowarth, G & Carstens, P 2014, 'Can private obstetric care be saved in South Africa?', South African Journal of Bioethics and Law, vol. 7, no. 2, pp. 69-73.en_ZA
dc.identifier.issn1999-7639
dc.identifier.other10.7196/SAJBL.319
dc.identifier.urihttp://hdl.handle.net/2263/42928
dc.language.isoenen_ZA
dc.publisherHealth and Medical Publishing Group (HMPG)en_ZA
dc.rights© 2014 Health and Medical Publishing Group.This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution license.en_ZA
dc.subjectPrivate obstetric careen_ZA
dc.subjectMedical negligenceen_ZA
dc.subjectSouth Africa (SA)en_ZA
dc.subjectObstetric negligence liabilityen_ZA
dc.titleCan private obstetric care be saved in South Africa?en_ZA
dc.typeArticleen_ZA

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