Medical Malpractice in South Africa

Following the trend in other countries, there has been a veritable explosion of medical negligence litigation in the past 10 years in South Africa.

This has necessitated the publication of a comprehensive guide for both medical and legal practitioners. Dealing with the practical aspects of medical negligence litigation from a substantive, procedural and ethical point of view Medical Malpractice in South Africa: A Guide for Medical and Legal Practitioners is published by LexisNexis South Africa.

Author John Saner SC (MA (cum laude) LLB (Wits) has been a member of the Cape Bar for thirty years, specialising in medical negligence litigation for the past twenty. He has been at the forefront of developments in this area of law and has experienced the changes and rapid increase in medical negligence litigation in those years.  Saner has extensive practical experience in every aspect of medical malpractice law from case selection through to appeals and everything in between, including inquests and disciplinary proceedings.

In his foreword, Professor Emeritus Ken Boffard, Department of Surgery (Wits) states: “Doctors are not lawyers and lawyers are not doctors. This extensive book examines the litigation that takes place, the results that occur, and strives to take the position from both the legal and medical standpoint in medicolegal proceedings. Every aspect of the legal process is covered. I sincerely hope that you enjoy reading this book and use it, not only in the courtroom, but also in the practice of care for the patient.”

Medical Malpractice in South Africa – A Guide for Medical and Legal Practitioners contains detailed expositions of both substantive and procedural law and a step-by-step guide, with practical litigation advice, on how to litigate - with the best chance of success - in this complex field. The emphasis in this work is on practicality and ease of reference with useful appendices such as a guide for the analysis of pleadings and a detailed medical terms glossary.

In addition, Medical Malpractice in South Africa provides pertinent and useful guidance for medical practitioners to assist them in avoiding actions which are either unethical or negligent or both.  The chapters not only cover what is expected, legally, from the reasonable doctor, but also explain in detail the ethical issues, disclosure, patient confidentiality, informed consent and disciplinary procedures that are of vital importance to the medical profession.

This publication is an indispensable resource for all those specialising or with an interest in the field of medical malpractice including attorneys, advocates, judges, post-grad students, medico-legal experts, insurers and medical practitioners.

Medical Malpractice in South Africa – A Guide for Medical and Legal Practitioners retails for R1267.88 and is available from the LexisNexis online store. The title will be updated on an annual basis.

About the Author

John Saner SC (MA (cum laude) LLB (Wits) has been a member of the Cape Bar for thirty years and has specialised in medical negligence litigation for the past twenty years.  As a result, he has been at the forefront of developments in this field of practice and the law and has seen and experienced the changes and rapid increase in medical negligence litigation in those years.  He has extensive practical experience in every aspect of medical malpractice law from case selection through to appeals and everything in between, including inquests and disciplinary proceedings.
John took silk in 2014 and continues to practice and litigate solely in the medical negligence field, as a member of the Cape Bar from his base in Tampa, Florida, USA.
John is also the author of the publications, “Prescription in South African Law” and “Agreements in Restraint of Trade” which are both updated annually.

About LexisNexis Legal & Professional

LexisNexis Legal & Professional is a leading global provider of legal, regulatory and business information and analytics that help customers increase productivity, improve decision-making and outcomes, and advance the rule of law around the world. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis and Nexis services. LexisNexis Legal & Professional, which serves customers in more than 130 countries with 10,000 employees worldwide, is part of RELX Group, a global provider of information and analytics for professional and business customers across industries.In South Africa LexisNexis has been assisting companies and professionals to remain abreast of changing legislation and shifts in the regulatory environment for over 80 years, using leading-edge technology, tools and online solutions.South African investment firm, Tsiya Group, chaired by Fani Titi, acquired a minority interest in the company in July 2012.