Radiological Society of South Africa: on the arrest of Surgeon and Anaesthetist

Radiological Society of South Africa
Wednesday, 15 January 2020
Dear Dr Dale Creamer, RSSA No: CRE02

RSSA on the arrest of Surgeon and Anaesthetist
The Radiological Society of South Africa (RSSA) adds its voice of concern to that of civil society and our clinical colleagues, over the arrest of a surgeon and an anaesthetist, following the tragic death of a child under their care. We express our condolences to the bereaved family.

While medical practitioners can never be indemnified from criminal charges following negligence, these should be laid as a last resort, and only once the professional regulator, the Health Professions Council of South Africa (HPCSA) has investigated the case. The decision to lay charges should follow the standard guidelines and be free from political interference.

Charging doctors with criminal offences for failed professional acts is rare in both South Africa and Internationally. It should stay so and not become the first method of investigation.

Diagnostic radiologists are usually one step removed from direct clinical intervention as they provide a diagnostic opinion to clinical colleagues. Interventional radiologists are, however, as the title suggests, directly involved in clinical care using complex, minimally invasive techniques in all parts of the body. These techniques involve significant risk, and an adverse outcome is always a possibility. Radiologists doing these procedures should be comfortable in the knowledge that when they use their professional skills in a responsible, appropriate and informed manner, they are not at risk of arrest following an adverse outcome.

Similarly, diagnostic radiology is not a perfect science and errors will be made. Radiologists should know that they are not at risk of frivolous arrest for mistakes of judgement. If this safety net is not in place, radiology risks becoming ‘defensive’, with more examinations requested and performed and the reports becoming much broader to include every possible diagnosis, however unlikely they may be in any specific case. Radiology costs will spiral, and reporting becomes less focussed and therefore, of less value.

Essential to this is a functioning and efficient regulator. The HPCSA does not fulfil its mandate to protect the public and regulate the profession. In conjunction with peer review by professional societies, the HPCSA must ensure that it identifies incompetent professionals, and takes appropriate remedial action.  When serious adverse events occur, inquiries must be vigorous and held within a reasonable time. If a temporary suspension is required, it should be timeous

The RSSA will join the profession in discussions with the Ministers of Justice and Health and the HPCSA to ensure that appropriate protocols are put in place to protect both the profession and its patients.