The South African Law Reform Commission has issued a lengthy paper on the investigations into medico-legal claims with proposals for the reform of the law in connection with those claims.
The paper discusses the current situation and the legal principles underlying claims for damages for medical negligence, state liability, the basis for payment of compensation (including some international comparisons), and suggestions for possible legislative reform.
It includes a call for comments on a number of proposals. The proposals include compulsory insurance, compulsory mediation, control of medical negligence litigation, guidelines for calculation of compensation and the structured payments of future damages.
The closing date for comments is 30 September 2017.
Anyone interested should start looking at the proposals now and comment on the many suggestions made in the paper.
Please contact any member of our Life Sciences and Medical Negligence Litigation practice if you want assistance in discussing, preparing or submitting comments.