law blamed for protecting incompetent doctors
16 July 2007

Healthcare organisations blame the law for not being able to expose incompetent doctors.

In an article in the Sunday Times lifting the lid off the sort of misconduct doctors are able to shield from the public view, the powerful Board of Healthcare Funders, which represents 135 medical aids countrywide, says it is unable to make public its list of more than 3 000 suspect SA health practitioners. Marius Smit, chairman of the board’s forensic management unit, said: ‘We would like to be able to share our database list with members. It’s the right thing to do. But in reality, we don’t see it happening. In fact, it’s going to get worse because new privacy legislation is on the way which will make it even harder to talk to our members on these issues.’ Medical schemes, said Smit, were legally constrained from warning members about suspect doctors. ‘A blanket communication of suspect doctors’ names to members would constitute defamation because, although we’ve found misconduct, these providers haven’t been convicted in a court of law. We try to act in the best interests of members but we can’t step outside the boundaries of the law.’

Full Sunday Times report click here.

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