In today’s fast-paced healthcare environment, healthcare practitioners' responsibilities have become increasingly complex.
As the pressure to deliver top-tier patient care intensifies, so does the importance of understanding the legal obligations that govern medical practice. Medical negligence claims can have serious ramifications, affecting professional reputation and personal and institutional liability. To help healthcare professionals navigate these legal intricacies, GoodX Online Short Courses is excited to introduce our new Continuing Professional Development (CPD) course, Medical Negligence: A Legal Perspective, crafted through the expertise of Prof Magda Slabbert.
This course is specifically designed for healthcare practitioners who want to better understand how to avoid medical negligence claims. By equipping professionals with the legal knowledge they need, we aim to empower them to safeguard their practices, ensure patient safety, and minimise the risk of facing legal action.
Why take this course?
There is undoubtedly an increase in medical negligence cases in South Africa. The consequences of a medical negligence claim can be profound, both personally and professionally. Even if a claim is ultimately dismissed, defending oneself against an allegation can be stressful, costly, and time-consuming. For this reason, a solid understanding of the legal principles surrounding medical negligence is essential.
Our CPD course offers a unique legal perspective tailored to healthcare practitioners. It makes complex legal jargon and case law accessible. The focus is not only on the theory but also on real-world applications, ensuring that participants come away with a practical understanding of how to prevent negligence claims from arising in the first place.
The course is divided into six comprehensive modules, each carefully curated to build a complete understanding of medical negligence from a legal standpoint. Here’s an overview of what you can expect to learn.
Module 1: A contract
The course begins by introducing the doctor-patient relationship from a legal perspective. In this module, participants will learn about the nature of the contractual relationship between a healthcare provider and a patient. This relationship underpins much of the legal framework surrounding medical negligence. You will gain a clear understanding of what constitutes an implied or express contract, as well as the rights and obligations both parties hold in this dynamic. Understanding this contractual foundation is essential for healthcare practitioners, as it forms the baseline for determining liability in cases where negligence is alleged.
Module 2: Delict
Delict law is the second foundational pillar of medical negligence claims. This module introduces the concept of delict, focusing on the duty of care that healthcare practitioners owe their patients. We explain the legal principles of delict in a way relevant to medical professionals, ensuring that participants can identify situations where their conduct could be classified as negligent. Case studies and real-world examples help illustrate how delict law is applied in medical contexts, providing participants with practical insights into avoiding potential legal pitfalls.
Module 3: The test for medical negligence
Perhaps the most crucial aspect of this course is the detailed explanation of the legal test for medical negligence. This module breaks down how courts determine whether practitioners have breached their duty of care. Participants will gain a deep understanding of the legal standard applied to determine negligence, focusing on concepts like 'reasonable care' and 'foreseeability.’ This module will draw on case law to show how judicial decisions have shaped the definition of medical negligence over time.
Module 4: Possible areas where negligence could occur
Medical negligence can manifest in various ways, often in areas that practitioners least expect. This module explores the common places where negligence is alleged, from misdiagnosis and errors of judgement to lack of skill. By identifying these potential risk areas, healthcare practitioners will be better equipped to implement practices that reduce the likelihood of negligence claims.
Module 5: How to prove a medical negligence case
In this module, participants will learn about the process of a medical negligence case. This knowledge empowers healthcare professionals to defend against frivolous claims and, more importantly, take preventative action in their daily practice.
Module 6: Criminal liability
The final module addresses the more severe consequences of medical negligence: criminal liability. While rare, cases of gross negligence can lead to criminal charges, significantly raising the stakes for healthcare practitioners. Participants will explore the legal standards that differentiate between civil and criminal liability, learning about instances where negligent acts may result in prosecution.
Conclusion
Our Medical Negligence: A Legal Perspective course is an invaluable resource for healthcare professionals looking to enhance their understanding of the legal framework that governs their practice. With comprehensive modules covering everything from the basics of the doctor-patient contract to the intricacies of criminal liability, this CPD course is designed to help practitioners minimise risk and deliver the highest standard of care.
By the end of the course, participants will have the legal knowledge and confidence to navigate the complexities of medical negligence, ensuring that they are providing excellent care and protecting themselves and their practice from potential legal claims. Sign up today at courses.goodx.co.za and take the first step toward safeguarding your professional future.
