Petition update#dropitandwait SA Doctor’s profession & patient care under threat.

The global criminalization of medicine & challenges faced by hcw’s, lawyers & patients

Rinesh ChettyDurban, South Africa
Jul 21, 2022

MedSynapse recorded interview.

KOL Questionnaire: Dr. Rinesh Chetty

03/06/2022

1. According to U what are the challenges faced by hcw’s when talking about laws regarding medical errors?

Law: case based

Medicine:  research based

Journalism: fact based

All three have strict ethical and moral codes that must be followed in the interest of the public, patients and clients they serve. #wenotdoingthat

Grief, anger, emotions, money, egos and delays can cloud all three professional processes in investigating the truth about “what happened”, answering intent and judging accountability. #wemustfigureitout #together

Medical errors vs medical negligence

A medical error is a preventable adverse effect of care ("iatrogenesis"), whether or not it is evident or harmful to the patient.

Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury to a patient. #thereasonabledocotor

“If another doctor was in that situation would they have done the same thing?”

The greatest challenge is telling the truth &

and trusting in a legal process that is as fallible as the human body and medicine we practise.

When medical errors occur, it is not as black & white as the law judges between right & wrong.

An error is as Complex to understand & judge as an aircraft crash or building collapse investigation.

#captainoftheshipprinciple

The doctor/captain is responsible for the patient/ship, but was the captain solely responsible for sinking the ship?

The quest for scapegoats

#wasitonlythecaptainsfault

The grief process needs answers asap

Anger, Loss, Grief clouds judgement and logic

#beforeitstoolate

Vulnerable targets (both sides)

Catalytic reactions in the court of public opinion

Creating drama can cloud the process for answers and resolution. Why is an article/story being printed now, without all the facts? Is it in the public’s interest to only know one side?

#1stvictim #2ndvictim #nowinners

It would make it more difficult, complex and longer  to get the required answers and full story if the media and law once activated. #linesclosed #officialprotocols #complicated #mediation

The role of the professional bodies to expedite the scientific peer review process and report back to the complainant.

What are your views on the risks faced by hcw’s if we compare public vs private practice?

Two diff. sides of the same complex coin.

Public practise is an government funded organization.

Private practise is a business solely run by the service provider.

Principles inherently the same but respondent(s) different.

2. Usually, people consider a doctor guilty before the court’s decision based on media reporting.

What are your views on that?

Media report will be bias towards the complainant, if a “factual” story is printed before the case if fully investigated. #boxingmatchtheory #streetfight #globesareoff

Hcw’s are confidential bound. #handtiedbehindtheirback

It takes a long time to get both sides & judgement.

Answers needed sooner.

#hpcsa #peerreview #scientificmethod

Should media’s role remain neutral?

I always ask is that not the role of the media when reporting a story?  If not, the story is an opinion piece not a factual story and it should not appear in mainstream media as such.

And are they reporting fairly?

It should be. In the intrest of the public, Healthcare, healthcare professional & the patient/loved ones. Unfair to all parties to augment grief &anger. #grief #the2ndvictim #allvictims

3. Medical errors have happened before also, why do you think the bell has rung now?

The bell was always ringing it is just louder now with the Avent of social media and more wiling lawyers that find it lucrative and easier to start claims.

The role of the decline of the raf.

Correction: Spinal surgeon was shot dead in his office in the U.S not Canada.

Who are the victims of the Tulsa, Oklahoma, hospital shooting?

https://www.facebook.com/groups/92643598408/permalink/10159220187963409/?fs=e&s=cl

The media play a very key role in the complaints case. It should be fair to both parties for the public’s interest and healthcare. The media is sometimes used as a weaponized channel to hit the healthcare professional first and hard, knowing hcw’s hands are tied. #hhhbeforeabc

4. According to you what are the challenges lawyers face, when they have to present medical negligence cases?

The law always falls short on the science and science always fall short on the law.

Majority of the delay and time is spent on the case explaining the science rather than looking at intent and accountability.

The science must speak and the law must judge.

#followthescience

#openthelinesofcommunication

#patientsafetyfirst

#keeplearning #egosatbay #worktogether

References:

Deabte: Media Covering Medical Malpractice in an ethical manner

26/11/2020

https://www.facebook.com/groups/92643598408/permalink/10158118427338409/

Why did I start this petition? News24 (South Africa) interview.

(Requested by News24, it was not printed)

March 2020

https://www.change.org/p/south-african-department-of-justice-and-the-npa-dropitandwait-sa-doctor-s-profession-patient-care-under-threat/u/25912641

#dropitandwait #BeforeItIsTooLate

http://chng.it/RTfWcGdJ

Review of the latest NPA statements surrounding Prof Beale’s medically related murder case.

01/02/2022

https://www.facebook.com/groups/92643598408/permalink/10159003412903409/

Criminalizing medicine is a GLOBAL pandemic that is tearing the noble practice apart. Healthcare workers are an endangered profession and the public will only know this when it effects them directly. Try finding a private obstetrician in Mpumalanga. #sciencemustjudge1st

https://www.facebook.com/groups/92643598408/permalink/10159106298808409/?fs=e&s=

Risk of criminal charges follows us around like a heavy shadow: doctors

04 March 2021

https://www.facebook.com/groups/92643598408/permalink/10158350080018409/?fs=e&s=cl

Medical Protection Society calls on government to review legal threshold for criminal charges against doctors

https://www.medicalprotection.org/southafrica/casebook-and-resources/news/news-article/2021/03/04/medical-protection-to-government-patient-safety-compromised-as-doctors-at-risk-of-unlawful-killing-accusations

Clinicians as second victims of medical errors: Why they need help

Jun 2, 2022

https://www.facebook.com/groups/92643598408/permalink/10159243218763409/?fs=e&s=cl

Are All Medical Errors Now Crimes? The Nurse Vaught Verdict

https://www.medscape.com/viewarticle/972818?src=soc_fb_share&fbclid=IwAR1qGBQZEwo_aSF_9odBDCOc1Zp_GAwNj2F7HQC1hGyCsCyZ0VtJqwoWm4Y

Dr Bawa-Garba free to practise without conditions after MPTS ruling

02 July 2021

https://www.facebook.com/groups/92643598408/permalink/10157192943243409/

Five tips for reporting on medical negligence – without getting into legal trouble yourself

By Joan van Dyk, Dylan Bush, Kalay Nair & Aisha Abdool Karim -  December 11, 2020

https://bhekisisa.org/article/2020-12-11-no-routine-operation-5-tips-for-reporting-on-medical-negligence-without-getting-into-legal-trouble-yourself/

Medical expert-witnesses-should-not-scapegoat-doctors?

https://www.theguardian.com/society/2022/jul/18/medical-expert-witnesses-should-not-scapegoat-doctors?fbclid=IwAR2kiNvsvLLKni9BbEmSCMR1aBfsBaa_jjyfhP099noi5L0SNfn6t_LxJ1I&fs=e&s=cl

https://m.youtube.com/watch?fbclid=IwAR3AtMX8lFIN26KRRG6JjiraR3DUhgxxfV-ZkO5Jt2zTkqT7ML5C4qcVNh0&v=OBsl-z-O310&feature=youtu.be&fs=e&s=cl

 

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