Suing a Doctor or Hospital in South Africa: What Are Your Rights? To pay for the level of care received or to receive assistance in accordance with relevant legislation and policy. Not to interfere with the rights of movement and residence of others and to, as far as possible, accommodate patients whose residence may cause difficulty in accessing health care. Parental Responsibilities and Rights. HELP: I've received a complaint - now what? Rights & Responsibilities. Case law – or common law – is the body of written opinions made by judges when they make their rulings. Doctors have the responsibility to inform their patients of the harmful effects of medicines and how to store and use it properly. The South African Pharmacy Council has embarked on a Patient Information Campaign to inform patients of their rights in terms of the National Patient Rights Charter, every patient’s responsibilities and to encourage the public to consult with pharmacists. To just administrative action which includes the right to reasons in writing where a doctor's rights or interests are affected/threatened. Therefore all statutes and conduct must support and reflect its principles and aims. either a denial or violation of fundamental human rights, including rights to health care services. Of access to social security which includes access to insurance and social assistance. To privacy which includes respect by those to whom they entrust such information, as well as other health care workers and intermediaries who deal with their health care information. MPS® and Medical Protection® are registered trademarks. The practical document outlines the responsibilities that correspond with the rights found in the Bill of Rights, in Chapter 2 of the Constitution, which is the supreme law of this country. To an environment that is not harmful to their health or wellbeing, including appropriate management of stressful situations and supervision/ assistance of junior doctors. This information has not been provided to meet the individual requirements of a specific person and LegalWise insists that legal advice be obtained to … The case law with most relevance for medical practitioners is that derived from civil claims alleging medical negligence, and the most relevant of these are those that define or clarify a breach of duty of care or causation. The original numbering, as it appears in the South African Constitution, has been retained here, hence it begins at Article 7. This marks the day of the Sharpeville massacre in 1960, when 69 people were killed (29 of them children) while protesting the pass laws of the apartheid era (pictured above). A qualitative study done in six provinces of South Africa (Gauteng, North West, Limpopo, Western Cape, KwaZulu-Natal and Mpumalanga) Mncube and Madikizela-Madiya (2014) explored the perceptions and experiences of school stakeholders on school violence and the nature of violence that takes place in South African schools. Appreciating that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from duties and South Africa is a diverse nation, and equality does not mean uniformity, or that they are all the same. Kathleen Rice. Since then, South Africa has made great strides forward. To access to health care and to obtain a second opinion. To education and further education which includes access to CPD activities. Advice on handling attention from the media, Medical Records in South Africa: A Medical Protection Guide, Consent to Medical Treatment in South Africa: A Medical Protection Guide, Common Problems: Managing the Risks in General Practice in South Africa, Common Problems: Managing the Risks in Hospital Practice in South Africa, Understanding your legal and professional responsibilities, Appendix 1: List of ethical rules, regulations and policy guidelines published by the HPCSA, Appendix 2: Assessing decisional capacity, Appendix 3: Sources of guidelines, research and evidence-based care, Medical certificates - Avoiding the pitfalls, Aspects of confidentiality: A request from SARS, High reliability in healthcare: A personal failure, The challenges of treating Jehovah's witnesses, Aspects of confidentiality: High-profile patients, Aspects of confidentiality: When your patient is an impaired practitioner, Telephone consultations: Hanging up on the risks, Followership: the forgotten part of leadership. This article is Part 2 of a 2-part series wherein practical guidance is given in relation to COVID-19 and the workplace. To treat all his/her patients equally and provide them with the same level of concern. Doctors have the responsibility to respect the clinical independence of their colleagues and not to succumb to pressures of dual loyalty. Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. Patients have the right to be free from harassment. The common law (case-based law) surrounding a doctor’s interaction with a patient within the confines of a standard doctor–patient relationship is relatively settled; doctors have a legal obligation to patients to adhere to a standard of reasonable care.1 The duty of care exists between doctors and patients both ethically and with respect to common law and legislation. The rights in the Bill of Rights are often used by the courts together with laws about the rights to decide cases about human rights. The test of reasonable conduct was set out in the judgment of the 1924 case Van Wyk v Lewis, as follows: “[In] deciding what is reasonable the court will have regard to the general level of skill and diligence possessed and exercised at the time by the members of the branch of the profession to which the practitioner belongs.”. This includes access to the best available treatment and medicines, which have to be progressively realised by the state. In addition to facing a civil claim in negligence, doctors whose practice falls short of acceptable standards may face disciplinary action by the Health Professions Council. All Rights Reserved. The Companies Bill is expected to be passed into law in 2010. Both asylum seekers and refugees have the right to seek employment in South Africa… To make political choices and participate in political activities without any victimisation. To pay their dues, to fairly remunerate their own employees and to respect the property of others. RIGHTS AND RESPONSIBILITIES OF INDEPENDENT SCHOOLS DEPARTMENT OF BASIC EDUCATION . Roles and responsibilities of Medical Managers in South Africa ... MANAGERS IN SOUTH AFRICA 6. about doctors’ duties and responsibilities. What do junior doctors need to know about the Health Professions Act? Medical records: Which path will you take? Medical practitioners can’t cure all ills or prevent all health issues from having negative outcomes. The protection of the independent school lies within their administrative rights, according to Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’). In South Africa, a retributive and punitive approach is normally adopted in dealing with misbehaviour in schools. 3.4 To utilise the health care system properly and not to … To ensure that s/he is informed about the latest developments in their fields and take part in educational activities. Substantive equality means that family responsibility, rural areas, historic disadvantage, etc. As coronavirus (CoVID-19) spreads in South Africa, employers and employees alike find themselves in unchartered territory. either a denial or violation of fundamental human rights, including rights to health care services. • Nearly 240 000 learners with disabilities were out of school (DoE, 2001). Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. within South Africa enjoy the same human rights under the Constitution as South African citizens, except for the right to vote and the right to form a political party. These rights are in the best interest of all children under the age of 18 years old. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. During apartheid people may have been treated badly at hospitals and clinics. Copyright © 2020 Medical Practice Consulting. To access to information held by the state and/or private institutions. Constitution. school based violence in South Africa. In that regard, the BCEA places strict duties and obligations on employers to comply with the minimum terms and standards for employees employed in the Republic of South Africa. It is a good idea to know your rights and responsibilities as a patient as well as your doctor’s rights and responsibilities. 3.2 To care for and protect the environment. To provide access to information requested by their patients and to ensure that health data is stored safely and not sold or passed on without the patient's informed consent. Not to discriminate against any health care worker or the employees of any doctor. To pay a fair amount for services rendered by doctors, not to be over-serviced or overcharged and to make enquiries in relation to accounts. My responsibility in ensuring the rights to equality-treat … 6 South Africa background To freedom of association which includes the right to voluntarily form, join and participate in any association or to disassociate. South Africa’s Extension of Security of Tenure Act has been put under the spotlight in Mpumalanga province. In Part 1, some of the interventions and measures that have been put in place by the Government to try to mitigate the effects of COVID-19 on employers and employees were discussed. To exercise their rights to assembly, demonstration and picketing in such a manner that it does not affect health care delivery and that it does not violate any law. are relevant factors. South Africa’s largest pub­lic inter­est, human rights law clinic. Not to be arrested, detained or accused in contravention with section 35 of the Constitution. Doctors have the right to work in an environment that is not hostile in terms of sex, gender, sexual orientation or (presumed) race or ethnicity. Doctors have to ensure that patients part take in all types of research with their full and informed consent. The Constitution is a group of principles that contains the highest law of the land. This means that, if a doctor’s management of a patient is considered reasonable by a responsible body of his or her peers, a court would be unlikely to find him guilty of negligence. To freedom of religion, belief and opinion which includes the right of doctor to act in accordance with their beliefs. Not to be unfairly discriminated against by any patient, medical scheme, medical faculty or school, government, employer or any other person or institution on the basis of their race, gender, origin or any other ground. The focus of this article will be employees’ and employers’ rights and obligations in terms of sick leave. Not to have their employment relationships jeopardised by unlawful disclosures or any unauthorised participation in any aspect of their employment relationship with an employer. To ensure that medical waste are disposed off appropriately and that appropriate protocols are followed in terms of infectious disease control. It gives us rights and responsibilities that we are entitled to as citizens of South Africa. In a democratic world, few can deny that we have one of the most liberal constitutions in the world. What should I do if I receive a complaint? Doctors have the right to be assisted in disciplinary enquiries, to state their side of the case and to an impartial chairperson. It further assesses the influence of international conventions and the constitutionalisation of children's rights on South African jurisprudence in this regard. Social security institutions have to remunerate doctors fairly and timely. To ensure that medical reports are fair and accurate and that only particulars that are authorised by law are disclosed to insurance and assistance agencies. To look after his/her own health and to ensure that s/he is not endangering the health of others when in detention. Peoples’ Rights, which is like a Bill of Rights for Africa. It is a guide for learners and schools. Doctors have a particular responsibility in relation to crimes such as child abuse, domestic violence and abuse of the elderly. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) © 2010 - 2020 The Medical Protection Society Limited. To assist in legal proceedings when called upon as expert witnesses. When a country signs any of these documents, it agrees to protect the rights set out in them as well. To make provision for their own social security, to ensure that their dependants are covered and to pay the required premiums or contributions, where applicable. Doctors who are HIV positive have the duty to modify their practice of medicine to such an extent so as not to endanger the lives of their patients. 3 ... Other Rights. Doctors have the right not to be forced to take part in any unlawful (bodily) search or seizure and have the right to enquire as to the status of the subject brought to them, as well as the legislation in terms of which this is done. The rights regarding the health care services in respect of which a user is entitled to access can be divided into four areas: the general right of access to health care services; the right to emergency medical treatment; rights of access in the public health system; and rights of access in the private health system. To take care of state housing provided to them and not to refuse housing (to let or sell) to any person based on a prohibited ground of discrimination. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) This includes the rights of doctors to take part in economic endeavours. Section 1.3.1 introduces the empirical research, followed by a discussion on Teacher Rights (section 1.3.2), Responsibilities (section 1.3.3) and Safety (1.3.4). To freedom of expression which includes the right to express themselves and their opinions without victimisation. To seek and receive education on public and private health matters. The Government has an obligation to protect the life of every person in South Africa. Constitution. Doctors have the right to reasonable accommodation of their religious beliefs, short of undue hardship to others. To access to the courts which includes the right to have their justifiable disputes heard in a court of law or other appropriate forum. Our Constitution is the most important document in our country. To privacy which includes protection of personal information, communication, family and property. ... With rights come responsibilities. Doctors have the right to notify their patients of their services according to the rules of the HPCSA. The Department of Basic Education launched the Bill of Responsibilities in 2008. The average salary for a Physician / Doctor, General Practice in South Africa is R505,866. Doctors who act as witnesses in cases have the right to be fairly remunerated for their services. This document should be read in the light of the provisions of the South African Constitution and the ethical duties placed on doctors by the Health Professions Council of South Africa. Choice on Termination of Pregnancy Act 1996, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, Promotion of Access to Information Act 2000, the plaintiff was owed a duty of care by the defendant. And knowing your rights and responsibilities is fundamental to maintaining a healthy democracy. Doctors also have the right to clinical independence. To obtain copies of all health information held on him/her. In MPS’s experience alone, the estimated value of reported claims rose by 132% between 2008 and 2010. In South Africa, we celebrate Human Rights Day with a public holiday on 21 March. 1.2 To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa , 1996 (Act No. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. To tolerate the political activities and viewpoints of others. Patients have the duty not to harass doctors, their employees or other health care workers. The Patient’s Charter is an explicit statement of the rights and responsibilities implied by the Constitution. Patients should also respect the privacy and family life of their doctors. Fortunately, most jurisdictions, including South Africa, have well established legal principles (including the common law and legislation) which can guide employers and employees in dealing with the virus and the impact it has / will have in the workplace. Doctors have the right not to be harassed. All medical schools in South Africa are now compelled to provide training in ethics, law, and human rights as a compulsory part of their curricula [19, 20]. The constitution and patient's rights In terms of South Africa’s constitution each person is entitled to human dignity, equality and freedom. The responsibilities of non-executive directors in terms of the new Companies Bill. It does not always follow that a breach of the duty of care results in harm to a patient. To access to housing especially where doctors are fulfilling training requirements, community service, or contributing to alleviate the plight in rural areas. "/> Suing a Doctor or Hospital in South Africa: What Are Your Rights? To pay for the level of care received or to receive assistance in accordance with relevant legislation and policy. Not to interfere with the rights of movement and residence of others and to, as far as possible, accommodate patients whose residence may cause difficulty in accessing health care. Parental Responsibilities and Rights. HELP: I've received a complaint - now what? Rights & Responsibilities. Case law – or common law – is the body of written opinions made by judges when they make their rulings. Doctors have the responsibility to inform their patients of the harmful effects of medicines and how to store and use it properly. The South African Pharmacy Council has embarked on a Patient Information Campaign to inform patients of their rights in terms of the National Patient Rights Charter, every patient’s responsibilities and to encourage the public to consult with pharmacists. To just administrative action which includes the right to reasons in writing where a doctor's rights or interests are affected/threatened. Therefore all statutes and conduct must support and reflect its principles and aims. either a denial or violation of fundamental human rights, including rights to health care services. Of access to social security which includes access to insurance and social assistance. To privacy which includes respect by those to whom they entrust such information, as well as other health care workers and intermediaries who deal with their health care information. MPS® and Medical Protection® are registered trademarks. The practical document outlines the responsibilities that correspond with the rights found in the Bill of Rights, in Chapter 2 of the Constitution, which is the supreme law of this country. To an environment that is not harmful to their health or wellbeing, including appropriate management of stressful situations and supervision/ assistance of junior doctors. This information has not been provided to meet the individual requirements of a specific person and LegalWise insists that legal advice be obtained to … The case law with most relevance for medical practitioners is that derived from civil claims alleging medical negligence, and the most relevant of these are those that define or clarify a breach of duty of care or causation. The original numbering, as it appears in the South African Constitution, has been retained here, hence it begins at Article 7. This marks the day of the Sharpeville massacre in 1960, when 69 people were killed (29 of them children) while protesting the pass laws of the apartheid era (pictured above). A qualitative study done in six provinces of South Africa (Gauteng, North West, Limpopo, Western Cape, KwaZulu-Natal and Mpumalanga) Mncube and Madikizela-Madiya (2014) explored the perceptions and experiences of school stakeholders on school violence and the nature of violence that takes place in South African schools. Appreciating that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from duties and South Africa is a diverse nation, and equality does not mean uniformity, or that they are all the same. Kathleen Rice. Since then, South Africa has made great strides forward. To access to health care and to obtain a second opinion. To education and further education which includes access to CPD activities. Advice on handling attention from the media, Medical Records in South Africa: A Medical Protection Guide, Consent to Medical Treatment in South Africa: A Medical Protection Guide, Common Problems: Managing the Risks in General Practice in South Africa, Common Problems: Managing the Risks in Hospital Practice in South Africa, Understanding your legal and professional responsibilities, Appendix 1: List of ethical rules, regulations and policy guidelines published by the HPCSA, Appendix 2: Assessing decisional capacity, Appendix 3: Sources of guidelines, research and evidence-based care, Medical certificates - Avoiding the pitfalls, Aspects of confidentiality: A request from SARS, High reliability in healthcare: A personal failure, The challenges of treating Jehovah's witnesses, Aspects of confidentiality: High-profile patients, Aspects of confidentiality: When your patient is an impaired practitioner, Telephone consultations: Hanging up on the risks, Followership: the forgotten part of leadership. This article is Part 2 of a 2-part series wherein practical guidance is given in relation to COVID-19 and the workplace. To treat all his/her patients equally and provide them with the same level of concern. Doctors have the responsibility to respect the clinical independence of their colleagues and not to succumb to pressures of dual loyalty. Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. Patients have the right to be free from harassment. The common law (case-based law) surrounding a doctor’s interaction with a patient within the confines of a standard doctor–patient relationship is relatively settled; doctors have a legal obligation to patients to adhere to a standard of reasonable care.1 The duty of care exists between doctors and patients both ethically and with respect to common law and legislation. The rights in the Bill of Rights are often used by the courts together with laws about the rights to decide cases about human rights. The test of reasonable conduct was set out in the judgment of the 1924 case Van Wyk v Lewis, as follows: “[In] deciding what is reasonable the court will have regard to the general level of skill and diligence possessed and exercised at the time by the members of the branch of the profession to which the practitioner belongs.”. This includes access to the best available treatment and medicines, which have to be progressively realised by the state. In addition to facing a civil claim in negligence, doctors whose practice falls short of acceptable standards may face disciplinary action by the Health Professions Council. All Rights Reserved. The Companies Bill is expected to be passed into law in 2010. Both asylum seekers and refugees have the right to seek employment in South Africa… To make political choices and participate in political activities without any victimisation. To pay their dues, to fairly remunerate their own employees and to respect the property of others. RIGHTS AND RESPONSIBILITIES OF INDEPENDENT SCHOOLS DEPARTMENT OF BASIC EDUCATION . Roles and responsibilities of Medical Managers in South Africa ... MANAGERS IN SOUTH AFRICA 6. about doctors’ duties and responsibilities. What do junior doctors need to know about the Health Professions Act? Medical records: Which path will you take? Medical practitioners can’t cure all ills or prevent all health issues from having negative outcomes. The protection of the independent school lies within their administrative rights, according to Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’). In South Africa, a retributive and punitive approach is normally adopted in dealing with misbehaviour in schools. 3.4 To utilise the health care system properly and not to … To ensure that s/he is informed about the latest developments in their fields and take part in educational activities. Substantive equality means that family responsibility, rural areas, historic disadvantage, etc. As coronavirus (CoVID-19) spreads in South Africa, employers and employees alike find themselves in unchartered territory. either a denial or violation of fundamental human rights, including rights to health care services. • Nearly 240 000 learners with disabilities were out of school (DoE, 2001). Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. within South Africa enjoy the same human rights under the Constitution as South African citizens, except for the right to vote and the right to form a political party. These rights are in the best interest of all children under the age of 18 years old. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. During apartheid people may have been treated badly at hospitals and clinics. Copyright © 2020 Medical Practice Consulting. To access to information held by the state and/or private institutions. Constitution. school based violence in South Africa. In that regard, the BCEA places strict duties and obligations on employers to comply with the minimum terms and standards for employees employed in the Republic of South Africa. It is a good idea to know your rights and responsibilities as a patient as well as your doctor’s rights and responsibilities. 3.2 To care for and protect the environment. To provide access to information requested by their patients and to ensure that health data is stored safely and not sold or passed on without the patient's informed consent. Not to discriminate against any health care worker or the employees of any doctor. To pay a fair amount for services rendered by doctors, not to be over-serviced or overcharged and to make enquiries in relation to accounts. My responsibility in ensuring the rights to equality-treat … 6 South Africa background To freedom of association which includes the right to voluntarily form, join and participate in any association or to disassociate. South Africa’s Extension of Security of Tenure Act has been put under the spotlight in Mpumalanga province. In Part 1, some of the interventions and measures that have been put in place by the Government to try to mitigate the effects of COVID-19 on employers and employees were discussed. To exercise their rights to assembly, demonstration and picketing in such a manner that it does not affect health care delivery and that it does not violate any law. are relevant factors. South Africa’s largest pub­lic inter­est, human rights law clinic. Not to be arrested, detained or accused in contravention with section 35 of the Constitution. Doctors have the right to work in an environment that is not hostile in terms of sex, gender, sexual orientation or (presumed) race or ethnicity. Doctors have to ensure that patients part take in all types of research with their full and informed consent. The Constitution is a group of principles that contains the highest law of the land. This means that, if a doctor’s management of a patient is considered reasonable by a responsible body of his or her peers, a court would be unlikely to find him guilty of negligence. To freedom of religion, belief and opinion which includes the right of doctor to act in accordance with their beliefs. Not to be unfairly discriminated against by any patient, medical scheme, medical faculty or school, government, employer or any other person or institution on the basis of their race, gender, origin or any other ground. The focus of this article will be employees’ and employers’ rights and obligations in terms of sick leave. Not to have their employment relationships jeopardised by unlawful disclosures or any unauthorised participation in any aspect of their employment relationship with an employer. To ensure that medical waste are disposed off appropriately and that appropriate protocols are followed in terms of infectious disease control. It gives us rights and responsibilities that we are entitled to as citizens of South Africa. In a democratic world, few can deny that we have one of the most liberal constitutions in the world. What should I do if I receive a complaint? Doctors have the right to be assisted in disciplinary enquiries, to state their side of the case and to an impartial chairperson. It further assesses the influence of international conventions and the constitutionalisation of children's rights on South African jurisprudence in this regard. Social security institutions have to remunerate doctors fairly and timely. To ensure that medical reports are fair and accurate and that only particulars that are authorised by law are disclosed to insurance and assistance agencies. To look after his/her own health and to ensure that s/he is not endangering the health of others when in detention. Peoples’ Rights, which is like a Bill of Rights for Africa. It is a guide for learners and schools. Doctors have a particular responsibility in relation to crimes such as child abuse, domestic violence and abuse of the elderly. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) © 2010 - 2020 The Medical Protection Society Limited. To assist in legal proceedings when called upon as expert witnesses. When a country signs any of these documents, it agrees to protect the rights set out in them as well. To make provision for their own social security, to ensure that their dependants are covered and to pay the required premiums or contributions, where applicable. Doctors who are HIV positive have the duty to modify their practice of medicine to such an extent so as not to endanger the lives of their patients. 3 ... Other Rights. Doctors have the right not to be forced to take part in any unlawful (bodily) search or seizure and have the right to enquire as to the status of the subject brought to them, as well as the legislation in terms of which this is done. The rights regarding the health care services in respect of which a user is entitled to access can be divided into four areas: the general right of access to health care services; the right to emergency medical treatment; rights of access in the public health system; and rights of access in the private health system. To take care of state housing provided to them and not to refuse housing (to let or sell) to any person based on a prohibited ground of discrimination. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) This includes the rights of doctors to take part in economic endeavours. Section 1.3.1 introduces the empirical research, followed by a discussion on Teacher Rights (section 1.3.2), Responsibilities (section 1.3.3) and Safety (1.3.4). To freedom of expression which includes the right to express themselves and their opinions without victimisation. To seek and receive education on public and private health matters. The Government has an obligation to protect the life of every person in South Africa. Constitution. Doctors have the right to reasonable accommodation of their religious beliefs, short of undue hardship to others. To access to the courts which includes the right to have their justifiable disputes heard in a court of law or other appropriate forum. Our Constitution is the most important document in our country. To privacy which includes protection of personal information, communication, family and property. ... With rights come responsibilities. Doctors have the right to notify their patients of their services according to the rules of the HPCSA. The Department of Basic Education launched the Bill of Responsibilities in 2008. The average salary for a Physician / Doctor, General Practice in South Africa is R505,866. Doctors who act as witnesses in cases have the right to be fairly remunerated for their services. This document should be read in the light of the provisions of the South African Constitution and the ethical duties placed on doctors by the Health Professions Council of South Africa. Choice on Termination of Pregnancy Act 1996, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, Promotion of Access to Information Act 2000, the plaintiff was owed a duty of care by the defendant. And knowing your rights and responsibilities is fundamental to maintaining a healthy democracy. Doctors also have the right to clinical independence. To obtain copies of all health information held on him/her. In MPS’s experience alone, the estimated value of reported claims rose by 132% between 2008 and 2010. In South Africa, we celebrate Human Rights Day with a public holiday on 21 March. 1.2 To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa , 1996 (Act No. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. To tolerate the political activities and viewpoints of others. Patients have the duty not to harass doctors, their employees or other health care workers. The Patient’s Charter is an explicit statement of the rights and responsibilities implied by the Constitution. Patients should also respect the privacy and family life of their doctors. Fortunately, most jurisdictions, including South Africa, have well established legal principles (including the common law and legislation) which can guide employers and employees in dealing with the virus and the impact it has / will have in the workplace. Doctors have the right not to be harassed. All medical schools in South Africa are now compelled to provide training in ethics, law, and human rights as a compulsory part of their curricula [19, 20]. The constitution and patient's rights In terms of South Africa’s constitution each person is entitled to human dignity, equality and freedom. The responsibilities of non-executive directors in terms of the new Companies Bill. It does not always follow that a breach of the duty of care results in harm to a patient. To access to housing especially where doctors are fulfilling training requirements, community service, or contributing to alleviate the plight in rural areas. "> Suing a Doctor or Hospital in South Africa: What Are Your Rights? To pay for the level of care received or to receive assistance in accordance with relevant legislation and policy. Not to interfere with the rights of movement and residence of others and to, as far as possible, accommodate patients whose residence may cause difficulty in accessing health care. Parental Responsibilities and Rights. HELP: I've received a complaint - now what? Rights & Responsibilities. Case law – or common law – is the body of written opinions made by judges when they make their rulings. Doctors have the responsibility to inform their patients of the harmful effects of medicines and how to store and use it properly. The South African Pharmacy Council has embarked on a Patient Information Campaign to inform patients of their rights in terms of the National Patient Rights Charter, every patient’s responsibilities and to encourage the public to consult with pharmacists. To just administrative action which includes the right to reasons in writing where a doctor's rights or interests are affected/threatened. Therefore all statutes and conduct must support and reflect its principles and aims. either a denial or violation of fundamental human rights, including rights to health care services. Of access to social security which includes access to insurance and social assistance. To privacy which includes respect by those to whom they entrust such information, as well as other health care workers and intermediaries who deal with their health care information. MPS® and Medical Protection® are registered trademarks. The practical document outlines the responsibilities that correspond with the rights found in the Bill of Rights, in Chapter 2 of the Constitution, which is the supreme law of this country. To an environment that is not harmful to their health or wellbeing, including appropriate management of stressful situations and supervision/ assistance of junior doctors. This information has not been provided to meet the individual requirements of a specific person and LegalWise insists that legal advice be obtained to … The case law with most relevance for medical practitioners is that derived from civil claims alleging medical negligence, and the most relevant of these are those that define or clarify a breach of duty of care or causation. The original numbering, as it appears in the South African Constitution, has been retained here, hence it begins at Article 7. This marks the day of the Sharpeville massacre in 1960, when 69 people were killed (29 of them children) while protesting the pass laws of the apartheid era (pictured above). A qualitative study done in six provinces of South Africa (Gauteng, North West, Limpopo, Western Cape, KwaZulu-Natal and Mpumalanga) Mncube and Madikizela-Madiya (2014) explored the perceptions and experiences of school stakeholders on school violence and the nature of violence that takes place in South African schools. Appreciating that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from duties and South Africa is a diverse nation, and equality does not mean uniformity, or that they are all the same. Kathleen Rice. Since then, South Africa has made great strides forward. To access to health care and to obtain a second opinion. To education and further education which includes access to CPD activities. Advice on handling attention from the media, Medical Records in South Africa: A Medical Protection Guide, Consent to Medical Treatment in South Africa: A Medical Protection Guide, Common Problems: Managing the Risks in General Practice in South Africa, Common Problems: Managing the Risks in Hospital Practice in South Africa, Understanding your legal and professional responsibilities, Appendix 1: List of ethical rules, regulations and policy guidelines published by the HPCSA, Appendix 2: Assessing decisional capacity, Appendix 3: Sources of guidelines, research and evidence-based care, Medical certificates - Avoiding the pitfalls, Aspects of confidentiality: A request from SARS, High reliability in healthcare: A personal failure, The challenges of treating Jehovah's witnesses, Aspects of confidentiality: High-profile patients, Aspects of confidentiality: When your patient is an impaired practitioner, Telephone consultations: Hanging up on the risks, Followership: the forgotten part of leadership. This article is Part 2 of a 2-part series wherein practical guidance is given in relation to COVID-19 and the workplace. To treat all his/her patients equally and provide them with the same level of concern. Doctors have the responsibility to respect the clinical independence of their colleagues and not to succumb to pressures of dual loyalty. Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. Patients have the right to be free from harassment. The common law (case-based law) surrounding a doctor’s interaction with a patient within the confines of a standard doctor–patient relationship is relatively settled; doctors have a legal obligation to patients to adhere to a standard of reasonable care.1 The duty of care exists between doctors and patients both ethically and with respect to common law and legislation. The rights in the Bill of Rights are often used by the courts together with laws about the rights to decide cases about human rights. The test of reasonable conduct was set out in the judgment of the 1924 case Van Wyk v Lewis, as follows: “[In] deciding what is reasonable the court will have regard to the general level of skill and diligence possessed and exercised at the time by the members of the branch of the profession to which the practitioner belongs.”. This includes access to the best available treatment and medicines, which have to be progressively realised by the state. In addition to facing a civil claim in negligence, doctors whose practice falls short of acceptable standards may face disciplinary action by the Health Professions Council. All Rights Reserved. The Companies Bill is expected to be passed into law in 2010. Both asylum seekers and refugees have the right to seek employment in South Africa… To make political choices and participate in political activities without any victimisation. To pay their dues, to fairly remunerate their own employees and to respect the property of others. RIGHTS AND RESPONSIBILITIES OF INDEPENDENT SCHOOLS DEPARTMENT OF BASIC EDUCATION . Roles and responsibilities of Medical Managers in South Africa ... MANAGERS IN SOUTH AFRICA 6. about doctors’ duties and responsibilities. What do junior doctors need to know about the Health Professions Act? Medical records: Which path will you take? Medical practitioners can’t cure all ills or prevent all health issues from having negative outcomes. The protection of the independent school lies within their administrative rights, according to Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’). In South Africa, a retributive and punitive approach is normally adopted in dealing with misbehaviour in schools. 3.4 To utilise the health care system properly and not to … To ensure that s/he is informed about the latest developments in their fields and take part in educational activities. Substantive equality means that family responsibility, rural areas, historic disadvantage, etc. As coronavirus (CoVID-19) spreads in South Africa, employers and employees alike find themselves in unchartered territory. either a denial or violation of fundamental human rights, including rights to health care services. • Nearly 240 000 learners with disabilities were out of school (DoE, 2001). Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. within South Africa enjoy the same human rights under the Constitution as South African citizens, except for the right to vote and the right to form a political party. These rights are in the best interest of all children under the age of 18 years old. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. During apartheid people may have been treated badly at hospitals and clinics. Copyright © 2020 Medical Practice Consulting. To access to information held by the state and/or private institutions. Constitution. school based violence in South Africa. In that regard, the BCEA places strict duties and obligations on employers to comply with the minimum terms and standards for employees employed in the Republic of South Africa. It is a good idea to know your rights and responsibilities as a patient as well as your doctor’s rights and responsibilities. 3.2 To care for and protect the environment. To provide access to information requested by their patients and to ensure that health data is stored safely and not sold or passed on without the patient's informed consent. Not to discriminate against any health care worker or the employees of any doctor. To pay a fair amount for services rendered by doctors, not to be over-serviced or overcharged and to make enquiries in relation to accounts. My responsibility in ensuring the rights to equality-treat … 6 South Africa background To freedom of association which includes the right to voluntarily form, join and participate in any association or to disassociate. South Africa’s Extension of Security of Tenure Act has been put under the spotlight in Mpumalanga province. In Part 1, some of the interventions and measures that have been put in place by the Government to try to mitigate the effects of COVID-19 on employers and employees were discussed. To exercise their rights to assembly, demonstration and picketing in such a manner that it does not affect health care delivery and that it does not violate any law. are relevant factors. South Africa’s largest pub­lic inter­est, human rights law clinic. Not to be arrested, detained or accused in contravention with section 35 of the Constitution. Doctors have the right to work in an environment that is not hostile in terms of sex, gender, sexual orientation or (presumed) race or ethnicity. Doctors have to ensure that patients part take in all types of research with their full and informed consent. The Constitution is a group of principles that contains the highest law of the land. This means that, if a doctor’s management of a patient is considered reasonable by a responsible body of his or her peers, a court would be unlikely to find him guilty of negligence. To freedom of religion, belief and opinion which includes the right of doctor to act in accordance with their beliefs. Not to be unfairly discriminated against by any patient, medical scheme, medical faculty or school, government, employer or any other person or institution on the basis of their race, gender, origin or any other ground. The focus of this article will be employees’ and employers’ rights and obligations in terms of sick leave. Not to have their employment relationships jeopardised by unlawful disclosures or any unauthorised participation in any aspect of their employment relationship with an employer. To ensure that medical waste are disposed off appropriately and that appropriate protocols are followed in terms of infectious disease control. It gives us rights and responsibilities that we are entitled to as citizens of South Africa. In a democratic world, few can deny that we have one of the most liberal constitutions in the world. What should I do if I receive a complaint? Doctors have the right to be assisted in disciplinary enquiries, to state their side of the case and to an impartial chairperson. It further assesses the influence of international conventions and the constitutionalisation of children's rights on South African jurisprudence in this regard. Social security institutions have to remunerate doctors fairly and timely. To ensure that medical reports are fair and accurate and that only particulars that are authorised by law are disclosed to insurance and assistance agencies. To look after his/her own health and to ensure that s/he is not endangering the health of others when in detention. Peoples’ Rights, which is like a Bill of Rights for Africa. It is a guide for learners and schools. Doctors have a particular responsibility in relation to crimes such as child abuse, domestic violence and abuse of the elderly. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) © 2010 - 2020 The Medical Protection Society Limited. To assist in legal proceedings when called upon as expert witnesses. When a country signs any of these documents, it agrees to protect the rights set out in them as well. To make provision for their own social security, to ensure that their dependants are covered and to pay the required premiums or contributions, where applicable. Doctors who are HIV positive have the duty to modify their practice of medicine to such an extent so as not to endanger the lives of their patients. 3 ... Other Rights. Doctors have the right not to be forced to take part in any unlawful (bodily) search or seizure and have the right to enquire as to the status of the subject brought to them, as well as the legislation in terms of which this is done. The rights regarding the health care services in respect of which a user is entitled to access can be divided into four areas: the general right of access to health care services; the right to emergency medical treatment; rights of access in the public health system; and rights of access in the private health system. To take care of state housing provided to them and not to refuse housing (to let or sell) to any person based on a prohibited ground of discrimination. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) This includes the rights of doctors to take part in economic endeavours. Section 1.3.1 introduces the empirical research, followed by a discussion on Teacher Rights (section 1.3.2), Responsibilities (section 1.3.3) and Safety (1.3.4). To freedom of expression which includes the right to express themselves and their opinions without victimisation. To seek and receive education on public and private health matters. The Government has an obligation to protect the life of every person in South Africa. Constitution. Doctors have the right to reasonable accommodation of their religious beliefs, short of undue hardship to others. To access to the courts which includes the right to have their justifiable disputes heard in a court of law or other appropriate forum. Our Constitution is the most important document in our country. To privacy which includes protection of personal information, communication, family and property. ... With rights come responsibilities. Doctors have the right to notify their patients of their services according to the rules of the HPCSA. The Department of Basic Education launched the Bill of Responsibilities in 2008. The average salary for a Physician / Doctor, General Practice in South Africa is R505,866. Doctors who act as witnesses in cases have the right to be fairly remunerated for their services. This document should be read in the light of the provisions of the South African Constitution and the ethical duties placed on doctors by the Health Professions Council of South Africa. Choice on Termination of Pregnancy Act 1996, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, Promotion of Access to Information Act 2000, the plaintiff was owed a duty of care by the defendant. And knowing your rights and responsibilities is fundamental to maintaining a healthy democracy. Doctors also have the right to clinical independence. To obtain copies of all health information held on him/her. In MPS’s experience alone, the estimated value of reported claims rose by 132% between 2008 and 2010. In South Africa, we celebrate Human Rights Day with a public holiday on 21 March. 1.2 To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa , 1996 (Act No. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. To tolerate the political activities and viewpoints of others. Patients have the duty not to harass doctors, their employees or other health care workers. The Patient’s Charter is an explicit statement of the rights and responsibilities implied by the Constitution. Patients should also respect the privacy and family life of their doctors. Fortunately, most jurisdictions, including South Africa, have well established legal principles (including the common law and legislation) which can guide employers and employees in dealing with the virus and the impact it has / will have in the workplace. Doctors have the right not to be harassed. All medical schools in South Africa are now compelled to provide training in ethics, law, and human rights as a compulsory part of their curricula [19, 20]. The constitution and patient's rights In terms of South Africa’s constitution each person is entitled to human dignity, equality and freedom. The responsibilities of non-executive directors in terms of the new Companies Bill. It does not always follow that a breach of the duty of care results in harm to a patient. To access to housing especially where doctors are fulfilling training requirements, community service, or contributing to alleviate the plight in rural areas. ">

doctors rights and responsibilities in south africa

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Rights and responsibilities in rural South Africa: implications for gender, generation, and personhood. If you are sick, you must be able to see a doctor and get medicine that will make you better. Not to be unfairly discriminated against directly or indirectly on the basis of their race, origin, gender, or any other ground. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. To medical care when in detention and to raise concerns in relation to health issues, either to the relevant health care workers or to the authorities, and to have such concerns addressed expeditiously. Many of the principles and ideals expressed in the Constitution have been encoded in legislation, some of which has a direct bearing on the work and business of general practice. 2 Contents 1. Every doctor has the responsibility Every patient has the right-Every patient has the responsibility-To freedom of religion, belief and opinion, which includes the right of doctor to act in accordance with their beliefs. 7. Doctors have a responsibility to assist in realising the right of access to health care, which may include issuing prescriptions ensuring access to the best available treatment. Therefore l accept that with every right comes a set of responsibilities. 1.2 Do asylum seekers and refugees have the right to work in SA? Search or browse RateMDs for trusted reviews & ratings on doctors in South Africa. To respect the religion, belief and opinion of doctors and others and not to force any doctor or other person to act according to a certain set of beliefs. The Patient’s Charter is an explicit statement of the rights and responsibilities implied by the Constitution. Most of these increases have been seen in the riskier specialties such as obstetrics, spinal surgery, neurosurgery and neonatology. Because the practice of medicine is so intimately concerned with people’s bodies, personal vulnerabilites and well-being, it is subject to legal and ethical restrictions, all of which have evolved or been designed to protect patients’ interests. This also means that economic endeavours should not amount to perverse activities, or undermine good patient care. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Other statutes and regulations that may affect general practice (see Box 1) include the Children’s Act, which clarifies children’s rights and parental responsibilities; the Communicable Diseases Regulations, which set out medical practitioners’ responsibilities regarding notifiable diseases; and various regulations under the Health Professions Act governing the licensing of practices, among other things. To ensure that any political affiliation and activities does not interfere with his/her duties to good patient care. Although a doctor has the right to choose his/her patients, such choices may never amount to unfair discrimination and emergency treatment may never be refused. To equal treatment and equal benefit of the law in all applications by and dealings with government, the private sector and others. 1.2 To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa, 1996 (Act No. To language and culture which includes the right to converse in the language of one's choice, where practicable. The Patients’ Rights Charter in South Africa This case study reflects on the implementation of the Patients’ Rights Charter in South Africa, a policy that had symbolic and political significance because it signalled a move away from the inequitable and inadequate health services that were provided to the majority of the population before the country’s transition to democracy in 1994. professionals (e.g. To express themselves freely and to have their freedom of expression respected especially where their health care is concerned. To ensure that his/her illness or incapacity does not endanger the lives of others. The duty to realise this right rests on the state that has to proof the reasonability of their measures and laws in that regard. They constrain healthcare practitioners to behave competently and ethically, and to conduct themselves with probity. To property, which includes the right to be paid a fair remuneration for services rendered and not to have any unlawful interference with these and other property rights. Not to unreasonably refuse a patients access to health care, especially where there are no state facilities available to assist patients. We're the original doctor ratings site with over 2 million reviews. 2. 3 RESPONSIBILITIES OF THE PATIENT Every patient or client has the following responsibilities: 3.1 To take care of his or her own health. 7. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. To pay for services rendered by doctors and to take personal responsibility for accounts, even where a medical scheme is involved. Tip The University of Kwazulu-Natal states that extra consideration will be given to applicants who score a Level 7 in the required subjects. To have their freedom of religion, belief and opinion respected by doctors. It replaces the current Companies Act, which is more than 34 years old. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. To make political choices and to participate in political activities without victimisation or detriment in terms of health care. activities. A background to health law and human rights in South Africa 3 The South African Constitution 9 The relationship between human rights, policy and law 10 1.3 Health under apartheid 11 Social conditions that caused ill health 11 Segregation of health services 13 Unequal spending on health services 13 The focus of this article will be employees’ and employers’ rights and obligations in terms of sick leave. Right to general health assistance The Patient Rights Act ensures that everyone living or staying in Norway has the right to … The call to responsibility that comes with the many rights and freedoms that have been privileged to inherit from the sacrifice and suffering of those who came before me. To receive reasons where their rights/interests in relation to health care benefits, such as by medical schemes, are affected. To respect doctors exercising their employment rights in, for example, the form of leave. Section 1.3.5 deals with the roles of educators, HODs, principals, It includes the unfettered right to choose life partners and friends. Doctors have to recognise that language and culture may serve as barriers in health care. The state has to ensure that appropriate systems are in place for medico-legal work, such as cases of rape, domestic violence, abuse, assault, drunken driving, etc. To language and culture which includes the right to converse in the language of one's choice, where practicable. Based on TRISCOMS technology. MPS is not an insurance company. To permit others freedom of movement and residence and to respect regulation by law in this regard. To have his/her life protected which includes the right not to be placed in disproportional life-threatening situations. Decisions, decisions – choosing a specialty, Maintaining a professional digital profile, The importance of keeping good medical records. To freedom and security of the person which includes the right to physical autonomy and the right to be free from violence. 3.3 To respect the rights of other patients and health care providers. The Constitution is a group of principles that contains the highest law of the land. 1.Doctors and their practices have the right to set up criteria, guidelines and boundariesfor accepting and working with their patients. To freedom of trade, occupation and profession including choices in relation to specialisation where positions exist. These rights are in the best interest of all children under the age of 18 years old. 2. Private institutions must maintain standards not inferior to that of public institutions. The article examines the parent/child relationship in South African law in the light of recent legal developments in this country. Where allowing access might be permissible, Appendix 1: Retention and disposal of records, Appendix 2: Ownership and transfer of records, Appendix 3: Paper records – environmental risks, Appendix 1 - Key legislation referred to in the text, Appendix 2 - Links to relevant information, Appendix 4 - Children's Act (38 2005): General regulations regarding children, Maintaining an open mind – being willing to revise an initial diagnosis, Keeping comprehensive and contemporaneous clinical records, The Constitution, and all the statutes and regulations stemming from it that embody its principles. appreciate that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from my duties and responsibilities to others. Where a patient is unable to pay immediately, s/he has to make appropriate arrangements with the doctor so as to repay any debts. An allegation of negligence will only succeed if the plaintiff can satisfy the court, on a balance of probabilities, that all three of the following conditions apply: Assuming that the first criterion is established (which is usually the case), the plaintiff must then present convincing evidence that the healthcare professional concerned could reasonably have foreseen the consequences of his or her action and did not guard against such an eventuality; moreover, it must be demonstrated that the practitioner’s actions fell short of the standards the law considers reasonable. ... 34 of 2005 ("the NCA" or "Act") has had a significant impact on transactions involving deferred payment and interest in South Africa. Rights and Responsibilities of Independent Schools Share Tweet This document forms part of the Communications Protocol agreement signed between the Department of Basic Education (DBE) and the National Alliance of Independent School Associations (NAISA). To freedom of assembly demonstration, picketing and to present petitions, without victimisation. Therefore l accept that with every right comes a set of responsibilities. To take legal action to enforce their rights in the health care setting. constitutional rights of educators and learners alike. doctors, psychologists, speech-and-or occupational therapists or social workers) • Only learners with organic or medical disabilities and severe behaviour problems - attend special schools. To assist in the realisation of the right of access to health care of all arrested, detained and accused persons and to bring to the attention of the authorities or inspecting judge any irregularities or needs in relation to health care. Thanks to continuous struggle for rights of black workers which was also part of the anti apartheid movement, union registration and membership rights … Chapter 3 of the New Children’s Act SA governs both the acquisition and loss of parental responsibilities and rights not only by the parents of the children involved but also in respect of other persons. To respect the rights of doctors and others to associate and to respect the duties flowing from their own free association. What is the Patients' To suitably qualified doctors in respect medical treatment in every aspect of their health care. The Constitution also contains the Bill of Rights , which it describes as the 'cornerstone of democracy in South Africa' and compels the State to 'respect, protect, promote and fulfil the rights in the Bill of Rights'. To freedom of association with any group, club, scheme or project, as long as it is within the boundaries of the law. This includes indigenous belief systems, religious dress and rules in relation to modesty, as well as certain medical procedures, such as blood transfusions. Everyone in South Africa, including the government, and all laws are subject to and must follow the Constitution. To freedom and security of the person which includes freedom from cruel, inhuman or degrading treatment; to be free from violence and not to be subjected to medical experiments without informed consent. Rights & Responsibilities. Taking care of health records in their possession. Human Rights and Responsibilities. To fair labour practices including fair dispensations of overtime, leave and working conditions and the right to have their grievances taken up at appropriate forums. > Suing a Doctor or Hospital in South Africa: What Are Your Rights? To pay for the level of care received or to receive assistance in accordance with relevant legislation and policy. Not to interfere with the rights of movement and residence of others and to, as far as possible, accommodate patients whose residence may cause difficulty in accessing health care. Parental Responsibilities and Rights. HELP: I've received a complaint - now what? Rights & Responsibilities. Case law – or common law – is the body of written opinions made by judges when they make their rulings. Doctors have the responsibility to inform their patients of the harmful effects of medicines and how to store and use it properly. The South African Pharmacy Council has embarked on a Patient Information Campaign to inform patients of their rights in terms of the National Patient Rights Charter, every patient’s responsibilities and to encourage the public to consult with pharmacists. To just administrative action which includes the right to reasons in writing where a doctor's rights or interests are affected/threatened. Therefore all statutes and conduct must support and reflect its principles and aims. either a denial or violation of fundamental human rights, including rights to health care services. Of access to social security which includes access to insurance and social assistance. To privacy which includes respect by those to whom they entrust such information, as well as other health care workers and intermediaries who deal with their health care information. MPS® and Medical Protection® are registered trademarks. The practical document outlines the responsibilities that correspond with the rights found in the Bill of Rights, in Chapter 2 of the Constitution, which is the supreme law of this country. To an environment that is not harmful to their health or wellbeing, including appropriate management of stressful situations and supervision/ assistance of junior doctors. This information has not been provided to meet the individual requirements of a specific person and LegalWise insists that legal advice be obtained to … The case law with most relevance for medical practitioners is that derived from civil claims alleging medical negligence, and the most relevant of these are those that define or clarify a breach of duty of care or causation. The original numbering, as it appears in the South African Constitution, has been retained here, hence it begins at Article 7. This marks the day of the Sharpeville massacre in 1960, when 69 people were killed (29 of them children) while protesting the pass laws of the apartheid era (pictured above). A qualitative study done in six provinces of South Africa (Gauteng, North West, Limpopo, Western Cape, KwaZulu-Natal and Mpumalanga) Mncube and Madikizela-Madiya (2014) explored the perceptions and experiences of school stakeholders on school violence and the nature of violence that takes place in South African schools. Appreciating that the rights enshrined in the Constitution of the Republic of South Africa are inseparable from duties and South Africa is a diverse nation, and equality does not mean uniformity, or that they are all the same. Kathleen Rice. Since then, South Africa has made great strides forward. To access to health care and to obtain a second opinion. To education and further education which includes access to CPD activities. Advice on handling attention from the media, Medical Records in South Africa: A Medical Protection Guide, Consent to Medical Treatment in South Africa: A Medical Protection Guide, Common Problems: Managing the Risks in General Practice in South Africa, Common Problems: Managing the Risks in Hospital Practice in South Africa, Understanding your legal and professional responsibilities, Appendix 1: List of ethical rules, regulations and policy guidelines published by the HPCSA, Appendix 2: Assessing decisional capacity, Appendix 3: Sources of guidelines, research and evidence-based care, Medical certificates - Avoiding the pitfalls, Aspects of confidentiality: A request from SARS, High reliability in healthcare: A personal failure, The challenges of treating Jehovah's witnesses, Aspects of confidentiality: High-profile patients, Aspects of confidentiality: When your patient is an impaired practitioner, Telephone consultations: Hanging up on the risks, Followership: the forgotten part of leadership. This article is Part 2 of a 2-part series wherein practical guidance is given in relation to COVID-19 and the workplace. To treat all his/her patients equally and provide them with the same level of concern. Doctors have the responsibility to respect the clinical independence of their colleagues and not to succumb to pressures of dual loyalty. Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. Patients have the right to be free from harassment. The common law (case-based law) surrounding a doctor’s interaction with a patient within the confines of a standard doctor–patient relationship is relatively settled; doctors have a legal obligation to patients to adhere to a standard of reasonable care.1 The duty of care exists between doctors and patients both ethically and with respect to common law and legislation. The rights in the Bill of Rights are often used by the courts together with laws about the rights to decide cases about human rights. The test of reasonable conduct was set out in the judgment of the 1924 case Van Wyk v Lewis, as follows: “[In] deciding what is reasonable the court will have regard to the general level of skill and diligence possessed and exercised at the time by the members of the branch of the profession to which the practitioner belongs.”. This includes access to the best available treatment and medicines, which have to be progressively realised by the state. In addition to facing a civil claim in negligence, doctors whose practice falls short of acceptable standards may face disciplinary action by the Health Professions Council. All Rights Reserved. The Companies Bill is expected to be passed into law in 2010. Both asylum seekers and refugees have the right to seek employment in South Africa… To make political choices and participate in political activities without any victimisation. To pay their dues, to fairly remunerate their own employees and to respect the property of others. RIGHTS AND RESPONSIBILITIES OF INDEPENDENT SCHOOLS DEPARTMENT OF BASIC EDUCATION . Roles and responsibilities of Medical Managers in South Africa ... MANAGERS IN SOUTH AFRICA 6. about doctors’ duties and responsibilities. What do junior doctors need to know about the Health Professions Act? Medical records: Which path will you take? Medical practitioners can’t cure all ills or prevent all health issues from having negative outcomes. The protection of the independent school lies within their administrative rights, according to Promotion of Administrative Justice Act 3 of 2000 (‘PAJA’). In South Africa, a retributive and punitive approach is normally adopted in dealing with misbehaviour in schools. 3.4 To utilise the health care system properly and not to … To ensure that s/he is informed about the latest developments in their fields and take part in educational activities. Substantive equality means that family responsibility, rural areas, historic disadvantage, etc. As coronavirus (CoVID-19) spreads in South Africa, employers and employees alike find themselves in unchartered territory. either a denial or violation of fundamental human rights, including rights to health care services. • Nearly 240 000 learners with disabilities were out of school (DoE, 2001). Under the Constitution, all citizens enjoy certain rights, and – as a doctor – you have a responsibility to ensure that those rights are respected; patients also have responsibilities, which are set out in the Patient’s Charter. within South Africa enjoy the same human rights under the Constitution as South African citizens, except for the right to vote and the right to form a political party. These rights are in the best interest of all children under the age of 18 years old. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association. During apartheid people may have been treated badly at hospitals and clinics. Copyright © 2020 Medical Practice Consulting. To access to information held by the state and/or private institutions. Constitution. school based violence in South Africa. In that regard, the BCEA places strict duties and obligations on employers to comply with the minimum terms and standards for employees employed in the Republic of South Africa. It is a good idea to know your rights and responsibilities as a patient as well as your doctor’s rights and responsibilities. 3.2 To care for and protect the environment. To provide access to information requested by their patients and to ensure that health data is stored safely and not sold or passed on without the patient's informed consent. Not to discriminate against any health care worker or the employees of any doctor. To pay a fair amount for services rendered by doctors, not to be over-serviced or overcharged and to make enquiries in relation to accounts. My responsibility in ensuring the rights to equality-treat … 6 South Africa background To freedom of association which includes the right to voluntarily form, join and participate in any association or to disassociate. South Africa’s Extension of Security of Tenure Act has been put under the spotlight in Mpumalanga province. In Part 1, some of the interventions and measures that have been put in place by the Government to try to mitigate the effects of COVID-19 on employers and employees were discussed. To exercise their rights to assembly, demonstration and picketing in such a manner that it does not affect health care delivery and that it does not violate any law. are relevant factors. South Africa’s largest pub­lic inter­est, human rights law clinic. Not to be arrested, detained or accused in contravention with section 35 of the Constitution. Doctors have the right to work in an environment that is not hostile in terms of sex, gender, sexual orientation or (presumed) race or ethnicity. Doctors have to ensure that patients part take in all types of research with their full and informed consent. The Constitution is a group of principles that contains the highest law of the land. This means that, if a doctor’s management of a patient is considered reasonable by a responsible body of his or her peers, a court would be unlikely to find him guilty of negligence. To freedom of religion, belief and opinion which includes the right of doctor to act in accordance with their beliefs. Not to be unfairly discriminated against by any patient, medical scheme, medical faculty or school, government, employer or any other person or institution on the basis of their race, gender, origin or any other ground. The focus of this article will be employees’ and employers’ rights and obligations in terms of sick leave. Not to have their employment relationships jeopardised by unlawful disclosures or any unauthorised participation in any aspect of their employment relationship with an employer. To ensure that medical waste are disposed off appropriately and that appropriate protocols are followed in terms of infectious disease control. It gives us rights and responsibilities that we are entitled to as citizens of South Africa. In a democratic world, few can deny that we have one of the most liberal constitutions in the world. What should I do if I receive a complaint? Doctors have the right to be assisted in disciplinary enquiries, to state their side of the case and to an impartial chairperson. It further assesses the influence of international conventions and the constitutionalisation of children's rights on South African jurisprudence in this regard. Social security institutions have to remunerate doctors fairly and timely. To ensure that medical reports are fair and accurate and that only particulars that are authorised by law are disclosed to insurance and assistance agencies. To look after his/her own health and to ensure that s/he is not endangering the health of others when in detention. Peoples’ Rights, which is like a Bill of Rights for Africa. It is a guide for learners and schools. Doctors have a particular responsibility in relation to crimes such as child abuse, domestic violence and abuse of the elderly. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) © 2010 - 2020 The Medical Protection Society Limited. To assist in legal proceedings when called upon as expert witnesses. When a country signs any of these documents, it agrees to protect the rights set out in them as well. To make provision for their own social security, to ensure that their dependants are covered and to pay the required premiums or contributions, where applicable. Doctors who are HIV positive have the duty to modify their practice of medicine to such an extent so as not to endanger the lives of their patients. 3 ... Other Rights. Doctors have the right not to be forced to take part in any unlawful (bodily) search or seizure and have the right to enquire as to the status of the subject brought to them, as well as the legislation in terms of which this is done. The rights regarding the health care services in respect of which a user is entitled to access can be divided into four areas: the general right of access to health care services; the right to emergency medical treatment; rights of access in the public health system; and rights of access in the private health system. To take care of state housing provided to them and not to refuse housing (to let or sell) to any person based on a prohibited ground of discrimination. Others 6.1 Plumbing (Doctor’s room was flooded) 6.2 Cleaning (Ward was not cleaned) 6.3 Portering (Porter was not available) 6.4 Social work (Patient had no money) This includes the rights of doctors to take part in economic endeavours. Section 1.3.1 introduces the empirical research, followed by a discussion on Teacher Rights (section 1.3.2), Responsibilities (section 1.3.3) and Safety (1.3.4). To freedom of expression which includes the right to express themselves and their opinions without victimisation. To seek and receive education on public and private health matters. The Government has an obligation to protect the life of every person in South Africa. Constitution. Doctors have the right to reasonable accommodation of their religious beliefs, short of undue hardship to others. To access to the courts which includes the right to have their justifiable disputes heard in a court of law or other appropriate forum. Our Constitution is the most important document in our country. To privacy which includes protection of personal information, communication, family and property. ... With rights come responsibilities. Doctors have the right to notify their patients of their services according to the rules of the HPCSA. The Department of Basic Education launched the Bill of Responsibilities in 2008. The average salary for a Physician / Doctor, General Practice in South Africa is R505,866. Doctors who act as witnesses in cases have the right to be fairly remunerated for their services. This document should be read in the light of the provisions of the South African Constitution and the ethical duties placed on doctors by the Health Professions Council of South Africa. Choice on Termination of Pregnancy Act 1996, Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, Promotion of Access to Information Act 2000, the plaintiff was owed a duty of care by the defendant. And knowing your rights and responsibilities is fundamental to maintaining a healthy democracy. Doctors also have the right to clinical independence. To obtain copies of all health information held on him/her. In MPS’s experience alone, the estimated value of reported claims rose by 132% between 2008 and 2010. In South Africa, we celebrate Human Rights Day with a public holiday on 21 March. 1.2 To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa , 1996 (Act No. Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. To tolerate the political activities and viewpoints of others. Patients have the duty not to harass doctors, their employees or other health care workers. The Patient’s Charter is an explicit statement of the rights and responsibilities implied by the Constitution. Patients should also respect the privacy and family life of their doctors. Fortunately, most jurisdictions, including South Africa, have well established legal principles (including the common law and legislation) which can guide employers and employees in dealing with the virus and the impact it has / will have in the workplace. Doctors have the right not to be harassed. All medical schools in South Africa are now compelled to provide training in ethics, law, and human rights as a compulsory part of their curricula [19, 20]. The constitution and patient's rights In terms of South Africa’s constitution each person is entitled to human dignity, equality and freedom. The responsibilities of non-executive directors in terms of the new Companies Bill. It does not always follow that a breach of the duty of care results in harm to a patient. To access to housing especially where doctors are fulfilling training requirements, community service, or contributing to alleviate the plight in rural areas.

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