The KwaZulu-Natal Medical Specialist network statement

Specialist Network

Press Release

ARREST AND RELEASE ON BAIL OF PROMINENT SURGEON AND ANAESTHESIOLOGIST

We, the undersigned, deplore the circumstances surrounding the recent arrest and arraignment on charges of culpable homicide, of a prominent surgeon and anaesthesiologist, following the death of a 10 year old child.

The death of any person following a surgical intervention is regrettable, especially that involving a young child, and our sympathies are with the parents and family of the deceased, in this their time of loss and bereavement.

The circumstances surrounding this tragedy must be fully and transparently investigated and we call on the authorities to ensure the investigation is brought to a timely conclusion to limit the damage caused by speculation and trial by a partially informed media, and to bring closure for the bereaved.  

However the manner in which the posting of bail was undertaken in this case was unprecedented and completely unnecessary,and must not become the norm in similar cases.

Why was it considered necessary for example, to treat these esteemed medical professionals like common criminals, by handcuffing and then placing them in an overcrowded holding cell, pending their transfer to court in a police vehicle with sirens wailing?

As far as we are aware there has never been a warrant of arrest issued for a healthcare practitioner in a criminal matter involving medical negligence allegations or culpable homicide. In instances in which hitherto, it has been deemed necessary to institute criminal proceedings against a medical practitioner,attendance at court has normally involved the issuing of a summons or warning.

We call on the Department of Justice, the National Prosecuting Authority, the South African Police Service and statutory bodies such as the Health Professions Council of South Africa to ensure fair process to healthcare practitioners in our country. A process that does not involve punitive sanction prior to due process and a fair hearing and we call on all parties including civil society, to consider the impact of the precedent being set in this instance, on the future of healthcare practice and the potential negative implications it may have for access to quality healthcare in future.

Signed on 19/12/2019, for and on behalf of:

Dr MA Naidoo

Chairman 

Kzn Specialist network