Thousands sign petition to drop criminal charges against doctors.

A petition (http://chng.it/RTfWcGdJ urging South African authorities to drop criminal charges against paediatric surgeon, Dr Peter Beale and anaesthetist, Dr Abdulhay Munshi have garnered immense support from healthcare professionals and members of the public. Since the petition was started by Durban orthopaedic surgeon, Dr Rinesh Chetty, it has been signed by more than 47 000 people. The petition is addressed to the Department of Health, Health Minister, Zweli Mkhize, the Department of Justice and Director of Public Prosecutions, Shamila Batohi.

Beale and Munshi were arrested and appeared on charges of culpable homicide in the Johannesburg Magistrate’s Court in December relating to the death of a 10-year old boy following a laparoscopic operation at Johannesburg’s Park Lane Hospital last October. They have been released on R10 000 bail each and will be appearing in court again on 31 March.

The case caused a massive outcry with professional organisations including the South African Society of Anaesthesiologists (SASA), the South African Medical Association (SAMA), the South African Private Practitioners Forum (SAPPF), Federation of South African Surgeons (FOSAS) and the KwaZulu Natal Specialist Network (KZNSN), as well as the SA Society of Obstetricians and Gynaecologists (SASOG), expressing their concern about the manner in which the case was handled. The fact that the specialists were arrested before any inquest, medical-legal or negligence review were completed is of particular concern. In a position statement, SAMA said questions need to be answered regarding the way the Criminal Procedures Act has been applied, and why the usual process of a Health Professions Council of South Africa (HPCSA) hearing was not followed. SAMA warned that it could lead to a precedent being set that any adverse outcome to a patient could lead to criminal charges being laid as the primary form of investigation in suspected malpractice.

In his petition called #dropitandwait SA doctor’s profession and patient care under threat on the website Change.org, (https://www.change.org/p/south-african-department-of-justice-and-the-npa-dropitandwait-sa-doctor-s-profession-patient-care-under-threat Dr Rinesh Chetty says the despite calls from professional bodies that the police should wait to arrest the doctors until due process has been followed, it was not done possibly because of political and media pressure.

“The NPA did not wait, and hence this has sent shock waves through the medical profession. Doctors have asked the departments of health and justice to please clarify what has happened, and despite our numerous pleas, nothing has been said or addressed,” Dr Chetty told The Post in Durban.

“Drop the criminal case allow the medico-legal investigation to take place. Make an informed decision after all the facts and evidence have been reviewed by both medical and legal experts.

“Stop this unprovoked and unprecedented attack on the medical profession,” the petition reads. “It will only cause harm. The doctors and their legal teams are co-operating. Was there a need for handcuffs, jail and police vans?”

In their media statement earlier published by MedBrief Africa, the SAPPF, FOSAS, the and SASOG said the  death of any person following a surgical intervention is regrettable, especially that involving a young child, and that their sympathies are with the parents and family of the deceased, in this their time of loss and bereavement.

“However, 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,” they said.

“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,” they said adding that as far as they were aware it was the first time that a warrant of arrest had been 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,” they noted, calling on the authorities to ensure fair process to healthcare practitioners in the country that does not involve punitive sanction prior to due process and a fair hearing.

https://www.medbriefnamibia.com/thousands-sign-petition-to-drop-criminal-charges-against-doctors/