Combined statement from Federation of South African Surgeons (FoSASA) Re: SA Doctors arrest.
Combined statement regarding the criminal arrest of the two South African medical doctors from:
Federation of South African Surgeons (FoSASA)
South African private practitioners forum (Sappf)
KZN specialist network (kznsn)
ARREST AND RELEASE ON BAIL OF PROMINENT SURGEON AND ANAESTHESIOLOGIST
We, the undersigned, representing the South African Private Practitioners Forum (SAPPF), Federation of South African Surgeons (FOSAS) and the KwaZulu Natal Specialist Network (KNZSN), 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 of 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 that does not involve punitive sanction prior to due process and a fair hearing.
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 03/01/2020, for and on behalf of:
Dr Chris Archer
SAPPF: CEO
Dr Johannes van Waart
FoSAS: President
Dr Moogandra Naidoo
KZN Specialist Network: Chairman
SAPPF Affiliated Societies:
(APRASSA) Association of Plastic, Reconstructive and Aesthetic Surgeons of South Africa
(DSSA) Dermatological Society of South Africa
ENT Management Group
(FCPSA) Faculty of Consulting Physicians of South Africa
(GMG/SASOG) Gynaecology Management Group
Iso Leso Optics
(NASA) Neurological Association of South Africa
(OMG/OSSA) Ophthalmology Management Group
(PMG) Paediatrician Management Group
(PsychMg/SASOP) Psychiatry Management Group
(SARAA) South African Rheumatism Arthritis Association
(SASMFOS) South African Society of Maxillofacial and Oral Surgeons
(SASP) South African Society of Physiotherapists
(SAUA) South African Urological Association
(SEMDSA) Society for Endocrinology, Metabolism and Diabetes of South Africa
Surgicom (General Surgeons)
FoSAS Affiliated Societies:
(APRASSA) Association of Plastic, Reconstructive and Aesthetic Surgeons of South Africa
(ASSA) Association of Surgeons of South Africa
(OSSA) Ophthalmological Society of South Africa
(SAAPS) South African Association of Paediatric Surgeons
(SABS) South African Burn Society)
(SACRS) South African Colorectal Society
(SAOA) South African Orthopeadic Association
(SASES) South African Society of Endoscoic Surgeons)
(SASSiT) South African Society for Surgeons In Training
(SASOG) South African Society of Obstetricians and Gynaecologists
(SAUA) South African Urological Association
(SCSSA) Society of Cardiothorasic Surgeons of South Africa)
(SNSA) South African Neurosurgeons Association
Surgicom (Geneal Surgeons)
(TSSA) Trauma Society of SA
(VASSA) Vascular Society of Southern Africa