<p><em><span data-contrast="auto">We sit down with Blesset Nkambule, Medicolegal Consultant at Medical Protection South Africa, to hear about her role supporting members. </span></em></p>
<p><strong><span data-contrast="auto">As a medicolegal consultant what does your role involve?</span></strong></p>
<p><span data-contrast="auto">I’ve been at Medical Protection for over four years now, part-time initially but as the role required more of my time, I took on a full-time role. I provide technical and strategic support to the member-facing teams within Medical Protection, advising them on claims and cases. In addition, I regularly attend member meetings with panel to facilitate the consultation and engagement. I also do external-facing activities such as participating in stakeholder events and presenting medicolegal topics at member conferences. </span></p>
<p><strong><span data-contrast="auto">What inspired you to work in a medicolegal role?</span></strong></p>
<p><span data-contrast="auto">When I was working as a medical officer, I could see my peers starting to specialise and I decided to go into law. I was prompted by what I was seeing as a rising trend in the medicolegal sphere and wanted to pursue a degree in law to strengthen my insights and better inform my decision to pivot from being strictly clinical to using my strengths in the medmal industry. I didn’t know anyone personally who was going from the medical field and studying law at the time, so the journey was lonely and challenging, yet incredibly insightful. After my studies I continued with clinical practice but when the opportunity to work as a medicolegal consultant came up at Medical Protection, I knew this was the right role for me. This role was exactly what I had specialised for. </span></p>
<p><span data-contrast="auto">My inspiration to work in this area was the positive impact I have been able to make as a medicolegal consultant. I can bridge the gap with having a clinical background and an appreciation of the law. I see how I can help members feel comfortable navigating both sides, even at the most difficult times of their lives, when facing a complaint or disciplinary for example. </span></p>
<p><strong><span data-contrast="auto">What’s been the best experience working at Medical Protection?</span></strong></p>
<p><span data-contrast="auto">Any of the member-facing interactions are for me the best thing about working at Medical Protection. It is always wonderful to touch base with colleagues, discuss their particular matter and through understanding the technical and professional nuances be able to provide reassurance and perspective in their time of need. So, creating that ‘safe space’ and being that bridge and support for our members between the clinical and legal realm is rewarding for me. </span></p>
<p><strong><span data-contrast="auto">From your experience, what opportunities or challenges are there for members in South Africa?</span></strong></p>
<p><span data-contrast="auto">For both the private and state sectors the main challenge at the moment is resources. The state sector has a lack of physical resources that practitioners need in the field to do their work. In the private sector there is a ‘brain drain’ where some expert healthcare professionals are moving abroad. A lack of resources in both senses results in mistakes happening. We may even see a despondency leading to reckless actions and ultimately litigation. The other challenge is the heightened focus on healthcare professionals for litigation. They feel that pressure and it makes them more anxious and nervous, that is why it is so important to have protection in place like Medical Protection. </span></p>
<p><span data-contrast="auto">Having worked at Medical Protection, I realise that there are many opportunities for healthcare professionals to advocate for themselves and their work. It is possible to participate in groups that will inform the law and ultimately impact healthcare practice. Even at Medical Protection we are advocating on behalf of our members. </span></p>
<p><strong><span data-contrast="auto">From your perspective, how does Medical Protection support its members?</span></strong></p>
<p><span data-contrast="auto">I love the fact that we have discretion. Unlike an insurer who has to stick by terms and conditions, we are able to apply ourselves with our in-house expertise we can work together to support members – it truly sets us apart. What also stands out for me is that the people working at Medical Protection appreciate and understand what members are going through, having often worked in healthcare themselves. We can offer support and recognition of what happens to members, that for me is incredible. </span></p>
<p><strong><span data-contrast="auto">What sort of cases are you asked to review or give advice on?</span></strong></p>
<p><span data-contrast="auto">It really varies. Every day I look through all of our active files and give advice to the team on all of them. I must say though that I really enjoy the work I get to do on cases, that’s where I can flex my technical insights and advise the team. It affords me the opportunity to engage more with members, who might be contacting us for the first time, and I can support them. </span></p>
<p><strong><span data-contrast="auto">Have you noticed any trends in medical negligence claims in South Africa in recent years?</span></strong></p>
<p><span data-contrast="auto">Certainly, there are more claims arising in medicine, there is more litigation happening against practitioners. Anecdotally, the pathway to litigation in a claim does seem to follow a specific pathway. Matters are lodged as complaints and brought before the HPCSA in the first instance. The HPCSA follows a rigorous process that explores the matter in a manner which provides technical insights and vulnerabilities that would not have been detected by parties who are not </span><em><span data-contrast="auto">au fait</span></em><span data-contrast="auto"> with the profession and its intricacies. This then becomes evident in the claims we see which are in essence a re-iteration of the determinations made by the HPCSA. I do appreciate that the standards to which a professional is held are different before the regulator and a civil claim in medical negligence. However, this trend highlights the importance of healthcare professionals exercising due diligence and making considered submissions when responding to complaints lodged before the HPCSA. This can often avert the escalation of the matter – something that Medical Protection assists its members with. </span></p>
<p><span data-contrast="auto">I also notice that complaints going to the HPCSA or directly to members seem to be generated by AI platforms. The questions are so technical, and the content is so specific that it seems generated by AI at times. </span></p>
<p><strong><span data-contrast="auto">Is there anything else you would like to share with our members?</span></strong></p>
<p><span data-contrast="auto">For me, I wish I could tell members that the greatest way to avoid risks is to go back to the basics. What we were taught when training was right, and we should not be distracted by any commercial or other interests. Follow the rules and your training and it will put you in good stead with the law and with the regulator. We are here for members and here to support them.</span></p>