Durban – Unfounded malpractice allegations can affect doctors’ health. A condition known as medical malpractice stress syndrome (MMSS) has been recognised as affecting medical professionals who are subjected to litigation.
According to EthiQal, which provides indemnity cover to surgical specialists, there are growing concerns that patient care and doctor well-being are being undermined by the high number of ill-considered and unfounded cases brought against medical practitioners in the country.
Dr Hlombe Makuluma, clinical risk management specialist at EthiQal, said he believed it was patients, in an already burdened system, who ended up paying the price for hasty and unjustified legal action taken against health-care professionals.
“Following unfounded allegations some doctors stop practising altogether or reduce their scope of practice, given fear of future litigation, further exacerbating South Africa’s critical doctor shortage. Others become defensive in their practice and push up health-care costs unnecessarily by performing tests aimed at mitigating their medico-legal risks. This is costly and can be based more on mitigating their own risk, rather than on what they feel their patient requires,” said Makuluma.
He said some doctors developed medical malpractice stress syndrome, the symptoms of which include severe anxiety and depression and physiological changes relating to immune and endocrine functions.
The head of the claims and legal department at EthiQal, JP Ellis, said aside from the stress it caused to the patient and doctor involved, unwarranted legal action created unnecessary bottlenecks within the regulatory processes, potentially slowing down the review of deserving cases.
Ellis said medical care could not guarantee perfect outcomes and came with certain risks.
“It is essential to recognise that less-than-ideal outcomes or unexpected complications do not automatically indicate negligence. Our courts have cautioned against the natural human inclination to attribute blame to someone when an innocent party is injured. This underscores the importance of distinguishing between adverse outcomes and genuine negligence,” he said.
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