Having practised in the field of medical negligence over the last two decades, I have noticed a rather disconcerting trend: more and more medical professionals in the private sector are electing not to insure themselves against the risk of medical negligence. Even more alarming is the fact that these medical professionals do not notify their patients of their choice not insure themselves against all harm they may unintentionally or recklessy cause to their patients.
Under our common law, any victim of an injury caused by the negligence of a third party (including a healthcare professional) has a claim for damages, including a claim for accrued and future medical treatment costs, caregiving expenses, past and future loss of earnings, loss of support, and general damages for pain and suffering.
Should your healthcare professional’s negligent treatment result in a severe injury, such as a brain injury, paralysis, a limb amputation or even death, you as the patient may not be able to earn an income for the rest of your life and you will be burdened with exhorbitant medical costs, which you might not be able to pay. In the case of the death of a loved one as a direct result of negligent medical treatment, the family may be left destitute. The healthcare professional concerned may in probability not have sufficient resources to cover all your damages.
Our law unfortunately does not prescribe that healthcare professionals in the private sector should take out insurance for damages flowing from any professional negligence and sadly, neither does it prescribe that they should notify their patients of their choice not to insure themselves against professional negligence claims.
Keep in Mind: Just as your healthcare professional has the right to choose, you too have the right to choose!