A plethora of complaints brought against the Departments of Health in various provinces have been treated in general with disdain and disrespect by the very people responsible for the management of the population’s health care. These persons’ attempts to avoid responsibility by accusing the complainants’ attorneys of manufacturing the claims is both disingenuous and disgraceful.
Some political leaders have even gone as far to express the view that those who use public health services facilities should be denied their right to justice. MEC Belinda Francis Scott has been quoted as saying that attorneys are: “not only criminal, but parasitical. They are vultures”.
However, as much as the truth hurts, the facts remain as follows:
- All South Africans have the right to quality health care as enshrined in Section 27(1)(a) of the Bill of Rights.
- The Department of Health is expected to respect the dignity of all the people of South Africa as enshrined in Section 10 of the Bill of Rights.
- In reality, the majority of the population is subject to poor service on a daily basis.
- Claims arise when a patient believes that he or she has suffered damages as a result of medical negligence.
- Such a complainant is entitled to be advised and represented by an independent attorney, and to a fair hearing in court, and if successful in their argument, to receive adequate compensation.
- Attorneys are there specifically to promote the right to justice as enshrined in Section 34 of the Bill of Rights. They help members of the public, who may sometimes be unable to afford the legal process, to take cases to court where the judiciary determines the merits of each case without fear, favour or prejudice. This is every person’s constitutional right.
- When a case is lost by the Department of Health, they have no right to blame their lawyers. Medical negligence has a tendency to leave clear evidence in its wake.
Recently, the Cape Law Society has called for urgent dialogue with political leaders responsible for health to engage in constructive discussions with the legal profession in the hopes of improving procedures, communications and justice.
At Simpsons, we have worked to adopt innovative legal models that ensure every South African is able to receive the advice and support they need. As a dynamic firm with heart and impeccable standards, we specialise in personal injury claims as well as a range of negligence cases, including product and public liability. Working on a ‘no win, no fee’ basis, we are able to offer each client a personalised service, ensuring we focus on every aspect of your case, whether physical, financial or emotional.
Find out more about us at: www.simpsons.co.za
