Medical Protection Society (MPS) has called for clear rules as well as protocols that are tailored for the private healthcare sector to be included in the draft Mediation Bill.
In its submission to the South African Law Reform Commission (SALRC), MPS said action in these areas - along with an increase in appropriately trained and certified meditators - would help to ensure fairness in handling medical negligence cases.
While MPS supports the Bill’s objective of promoting mediation to resolve legal disputes more efficiently and reduce court backlogs, it has raised concerns about the how the proposals could impact complex medicolegal cases, particularly in the private healthcare sector.
MPS said the Bill must include a clear, well-structured system that outlines when mediation is appropriate and when exceptions should apply, especially in complicated cases involving medical negligence.
It called for mediation frameworks to reflect the distinct realities of the private healthcare sector by establishing tailored procedures that address the sector’s specific challenges, including the handling of complex medicolegal cases and the management of claimant expectations.
MPS also emphasised the need for a greater number of appropriately trained mediators to help everyone involved understand their rights and their roles. It added that all parties should be required, or at least strongly encouraged, to have legal representation in complex or high-stakes cases.
Ulundi Behrtel, MPS Head of Services Delivery – South Africa, said: “We welcome efforts to encourage mediation in the healthcare sector and believe it can play a valuable role in resolving patient complaints and easing the burden of drawn-out legal battles.
“However, for mediation to work in complex cases, we need trained, accredited mediators with specialist knowledge and significant experience in medical negligence, along with proper support for all parties involved including legal representation in high-stakes cases.”
MPS – which protects the professional interests of over 300,000 healthcare professionals around the world, including more than 30,000 in South Africa – also recommended introducing clear guidelines for when mediation can be bypassed and when certain cases should be excluded from the process altogether.
MPS emphasised the importance of continued collaboration as the Bill progressed, saying it was committed to working with the SALRC and other stakeholders to ensure the final legislation is fair, effective, and fit for purpose for all parties.
“We will continue to work with SALRC and provide our medicolegal expertise with the aim of creating a flexible, well-resourced mediation system that truly supports justice and delivers better outcomes for patients and healthcare professionals alike,” Ms Behrtel added.
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Notes to editors
About MPS
The Medical Protection Society Limited (“MPS”) is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.
Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.
Our philosophy is to support safe practice in medicine and dentistry by helping to avert problems in the first place. We do this by promoting risk management through our workshops, E-learning, clinical risk assessments, publications, conferences, lectures and presentations.
MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.