Full Text Available

Note: Clicking the button above will open the full text document at the original institutional repository in a new window.

‘n analise van mediese nalatigheid in ginekologie en verloskunde

Dissertation (LLM)--University of Pretoria, 2014.

Saved in:
Bibliographic Details
Other Authors: Carstens, Pieter Albert, 1960-
Format: Thesis
Language:English
Published: University of Pretoria 2015
Subjects:
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1867613487273869312
access_status_str Open Access
author2 Carstens, Pieter Albert, 1960-
author_browse Carstens, Pieter Albert, 1960-
author_facet Carstens, Pieter Albert, 1960-
collection Thesis
dc_rights_str_mv © 2014 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (LLM)--University of Pretoria, 2014.
format Thesis
id oai:repository.up.ac.za:2263/43362
institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:36:55.772Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2015
publishDateRange 2015
publishDateSort 2015
publisher University of Pretoria
publisherStr University of Pretoria
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/43362 ‘n analise van mediese nalatigheid in ginekologie en verloskunde Carstens, Pieter Albert, 1960- Joubert, Nina UCTD Dissertation (LLM)--University of Pretoria, 2014. Medical negligence is often the cause of large claims for compensation and complex litigation. The field of obstetrics and gynaecology particularly involves many risks for practitioners, since negligence in this field can have very serious and permanent effects. Most families will at some time encounter pregnancy and birth, or at least contraception or sterilisation. Negligence pertaining to any of these aspects can have a life changing impact on the persons involved. The possibility exists that a child may be born with brain damage as a result of the practitioner’s negligence. It is also possible that a doctor’s failure to perform a sterilisation procedure properly can lead to the birth of an unwanted child, which will have a major financial and emotional impact on the family as a whole. Pregnancy also goes hand in hand with many risk factors and will always remain a dangerous situation for the mother. A further possibility is the failure of a practitioner to detect abnormalities during pregnancy, while the parents would have elected to terminate the pregnancy had they known of the abnormalities. In all of these instances there is the possibility of a substantial claim for compensation against the practitioner. In some cases the doctor is even required to maintain the child financially, since the child would not have been born had the practitioner not been negligent. Since the amounts claimed are so high practitioners attempt to indemnify themselves by taking out insurance. The premiums they pay is however extremely high and indeed some of the highest paid by doctors. Experts are of the opinion that insurance may soon become unaffordable for these doctors and that doctors in the private health sector may even cease practising obstetrics and only continue with gynaecology. The problem has developed into a cycle. Firstly, more doctors are required to help with the extremely high workload. Doctors are thus overworked and do not devote enough time to each patient. Errors slip in easily and the number of negligence claims increases. The amounts claimed by patients are also ever increasing. The result is that doctors are inclined not to practice in this field of medicine or to stop practicing obstetrics at a relatively young age. There is therefore not enough doctors to care for the enormous amount of patients. With time against them and a workload too big to handle the cycle simply starts again. The permissibility of these claims and the amounts awarded should be considered in order to eliminate the possibility that private obstetric care may come to an end. One can however not only look at the symptoms of the problem, but the very core, namely negligence, must be attended to by providing proper advice and guidelines for these doctors. lk2014 Public Law LLM Unrestricted 2015-01-19T12:13:34Z 2015-01-19T12:13:34Z 2014/12/12 2014 Dissertation Joubert, N 2014, ‘n analise van mediese nalatigheid in ginekologie en verloskunde, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/43362> M14/9/253 http://hdl.handle.net/2263/43362 en © 2014 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
‘n analise van mediese nalatigheid in ginekologie en verloskunde
title ‘n analise van mediese nalatigheid in ginekologie en verloskunde
title_full ‘n analise van mediese nalatigheid in ginekologie en verloskunde
title_fullStr ‘n analise van mediese nalatigheid in ginekologie en verloskunde
title_full_unstemmed ‘n analise van mediese nalatigheid in ginekologie en verloskunde
title_short ‘n analise van mediese nalatigheid in ginekologie en verloskunde
title_sort n analise van mediese nalatigheid in ginekologie en verloskunde
topic UCTD
url http://hdl.handle.net/2263/43362