Reimagining of the South African medico-legal space
There is no specialised legislation governing the medico-legal space in South Africa [1,2]. Claims are therefore dealt with by way of the common law. This management of claims increases the risk of exploitation and abuse with far reaching consequences, from the parties involved to society in general. The South African Law Reform Commission (SALRC) seeks to reform the law to address the inherent risks in using common law for medico-legal claims. The committee has released a discussion note that is open for commentary by and collaboration with all experts in this space, with the aim of drafting legislation that will best serve the citizens of South Africa.
Our series of five policy briefs were commissioned to research the recommendations of the South African Law Reform Committee (SALRC). It is envisaged that the findings from this research would equip the SALRC with the evidence needed to tighten legislation and provide outcomes that are fair to all involved parties.
1. South African Law Reform Commission. Project 141: Medico-legal claims [Internet]. 2021 [cited 2022 Aug 30]. Available from: https://www.justice.gov.za/salrc/dpapers/dp154-prj141-Medico-Legal-Claims.pdf
2. South African Law Reform Commission. Project 141: Medico-legal claims [Internet]. 2017 [cited 2022 Sep 10]. Available from: https://www.justice.gov.za/salrc/ipapers/ip33_prj141_Medico-legal.pdf
