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WELCOME

Welcome to the Practitioner’s Guide to Medical Law and Ethics, a multimedia initiative to support and to promote professional professionals and organisations who practice at the confluence of medical and the law.

We work closely with leading organisations and individuals in the field of medical law and ethics to produce resources designed to achieve our three core principles underpinning professional practice:

Be Connected: We support professionals and organisations to showcase their practices, businesses or initiatives by providing subscribers with a professionally curated, customised webpage as part of their subscription package. This is a shop window for your practice and your work.

Be Heard: We provide a multimedia platform consisting of webinars, interviews and Q and A sessions in which we promote the work of thought leaders. We encourage interaction with subscribers and promote robust yet appropriate intellectual debate. We tackle key, sometimes controversial, issues in the belief that it is through appropriate, constructive dialogue that we will find the answers to challenging issues affecting professional practice.

Be Informed: We provide a range of materials to keep professionals up to date with local and international developments, as well as rich content concerning medical law and ethics. Our Commentary on Medical Law is appropriate for legal professionals, while Medical Law Unplugged provides non-legal professionals with an understanding of key medical concepts.

 

MEDIATORS

Watch the Webinar on Digitilisation of the Courts and An Evaluation of Rule 41A: Mediation

Watch the webinar initiated by the South African Medical Malpractice Lawyers’ Association and hosted by Andre Calitz.

Introductory Topic: Digitilisation of the Courts, presented by Judge Sulet Potterill.

Keynote Topic: An Evaluation of Rule 41A: Mediation, presented by Advocate Ian Dutton.

The webinar was sponsored by Rodel Fiduciary.

SUBSCRIBERS’ CONTENT

How to comply with the HPCSA Guidelines

Clear, practical information at your fingertips on how to comply with the HPCSA Guidelines.

Clear, practical information at your fingertips on how to comply with the HPCSA Guidelines.

Clear, practical information at your fingertips on how to comply with the HPCSA Guidelines.

Mediation Materials

Clear, practical information at your fingertips on how to comply with the HPCSA Guidelines.

Clear, practical information at your fingertips on how to comply with the HPCSA Guidelines.

Updates and materials on mediation within the clinical negligence and personal injury space.

In-depth commentary on medical law suitable for lawyers, or those who have a firm grasp of the fundamental concepts of medical law.

Medical Law for Non-Lawyers

Medical law without the noise: Customised for professionals working in the field of medical law but who do not have formal legal training, Medical Law Unplugged clears away all the jargon to provide a crisp, accurate explanation of the key medical law concepts.

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INTERVIEW AND WEBINAR PARTICIPANTS

Dr Herman Edeling

Dr Herman Edeling matriculated in 1969, obtained an M.B.,B.Ch. degree in 1975 and practiced as a general practitioner for 10 years. He qualified as a neurosurgeon in 1992 and spent the next 16 years in private general neurosurgical practice. Since 2008 he has limited his practice to consulting and medico-legal neurosurgery. He has written more than 3000 medico-legal reports and has testified in court in more than 200 matters as an expert witness.  

 

He has served the South African Medico Legal Association as director since 2005, since which time he has held the exco portfolios of deputy chairperson, faculty course leader, clinical negligence director, mediation director and administrative director. At present he serves SAMLA as faculty principal.

 

In 2009 he obtained the ABIME CIME qualification. From 2012 to 2016 he served as member, and later chairperson, of the HPCSA Appeal Tribunals. Since 2015 he has served APRAV as chairperson of the Solutions Task Team Medical Committee.

 

He completed the UCT/MiM medical negligence and health sector mediation training in January 2016. He has played a leading role in developing, organising and promoting the specialised field of medical mediation, has co-authored the SAMLA Guidelines and Protocol to Medical Mediation, and has developed and participated in medical mediation pilot projects.

 

He has led the development of a series of pioneering UCT-partnered postgraduate training programmes in medico-legal practice, which have been video-recorded and packaged for ongoing online learning.

 

He has contributed actively to constructive engagement between SAMLA, MiM, Conflict Dynamics, MPS, SAMA, the DoH and other stakeholders, including a comprehensive presentation to the State President and key Cabinet Ministers, in addressing the national medical negligence crisis by interventions to curb negligent harm, as well as by developing and promoting medical mediation and transformation.

 

He has played a central role in the formalisation of the Medico-Legal Profession in South Africa. In addition to training, this has included development of definitions, a code of professional conduct, a register of medical mediators, a register of medico-legal practitioners and an application to SAQA for Professional Body Recognition and Professional Designation Registration.

 

He is passionate about medical science, ethical practice, the inter-relationships between law, medicine and related sciences, justice, transformation, education and the promotion of mutual respect and understanding. He believes in the capacity of the mediation process to resolve conflict in a safe environment geared to problem solving, by harnessing the constructive power of human beings to finding creative solutions.

 

He is thrilled at the collective goodwill and commitment of leading experts and academics in the fields of law, medicine and related sciences, who are cooperating in a constructive manner to address the medicolegal crisis in South Africa by elevating the level of medico-legal practice.

 

Prof Ismail Bhorat

MBChB (NTL), B.Sc, DA (SA), Dip Mid COG(SA), FCOG (SA), Materno-Fetal Medicine (HPCSA accredited) PhD (UKZN) PhD Senior (UKZN) Subspecialist: Fetal-Maternal Medicine Professor Ismail Bhorat is a fetal medicine specialist, Professor of Fetal Medicine at the University of Kwa-Zulu Natal and attached to the Fetal Unit at Inkosi Albert Luthuli Central Hospital, University of Kwa-Zulu Natal, Durban and Director of the Fetal Unit at Netcare Umhlanga Hospital, Kwa-Zulu Natal, Durban.

He was awarded his PhD in the field of fetal cardiology in 2015. In 2019 he was awarded a 2nd PhD – the PhD Senior – the first recipient of the PhD Senior from the University of Kwa-Zulu Natal. He has also pioneered fetal surgery in South Africa. He is chairman of the Expert Opinion Panel (an affiliate of the South African Society of Obstetrics and Gynaecology), an executive committee member of the South African Society for Ultrasound in Obstetrics and Gynaecology, executive member of the BetterObs management committee, accredited member of the Fetal Medicine Foundation, UK and member of the International Society for Prenatal Diagnosis. He is peer review consultant for the American Journal of Obstetrics and Gynaecology, European Journal of Obstetrics and Gynaecology and Reproductive Biology, Echocardiography, Ultrasound Obstetrics and Gynaecology and numerous other high impact international journals. His special interest is in fetal cardiology especially in the evaluation and management of fetal cardiac anomalies as well as fetal cardiac haemodynamics and its application and implementation as a tool in fetal surveillance in high risk obstetrics and has published widely in this field.

Tony Allen

Tony has mediated a wide range of disputes involving personal injury and clinical negligence, public law, banking, construction, housing, partnership and professional indemnity, as well as general commercial claims. His work includes time-limited mediations through the Central London County Court scheme, and he has been involved in a number of major multi-party mediations including the Kenyan tribes peoples’ claims against the Ministry of Defence and the Alder Hey retained organs mediations. Within CEDR he was responsible for the development of effective dispute resolution in these sectors, including consultancy and training work with claimant and defendant insurers and other organisations. He also had responsibility for relations with the judiciary, and both redesigned, and became a member of the Court of Appeal Mediation Scheme. He also lectures for the Judicial Studies Board.

Notable cases for Tony include mediating a commercial dispute between an Italian manufacturer and an English wholesaler, North Sea oil rig personal injury claim, a dispute over a fatal lorry accident in Belgium at a test centre for a Japanese lorry manufacturer, a claim arising out of a serious shipboard accident in Nigeria and a dispute over an accident on an oil rig in the South China Sea.

Tony mediated some of the first cases authorised by the Legal Aid Board, and the first claim brought under a conditional fee agreement. He was one of the few mediators involved in the NHS mediation pilot scheme, and has both mediated motor and liability injury claims and also acted as representative on behalf of claimants and insurers at mediations of such cases. He is a well-known speaker and writer on EDR topics in legal and professional circles, and was co-author of the second edition of The ADR Practice Guide: Commercial Dispute Resolution by Mackie, Marsh, Miles and Allen.

As a current member of CEDR faculty Tony trains mediators in Pakistan, India, South Africa, Nigeria, Switzerland, Italy, Spain, and Ireland. He also liaises with and trains judges in those jurisdictions and Scotland, in addition to speaking at international conferences in the US, Holland, Denmark, Latvia, Lithuania, Estonia, etc.

Since 1999, the Chambers directory has featured Tony in successive editions as a leader in his field, and has rated him “clearly the best mediator in the UK for personal injury and clinical negligence”.

Dr Johannes van Waart

SHORT BIO SKETCH: Dr JOHANNES VAN WAART:
Johannes van Waart matriculated at Oudtshoorn High School in 1978. He started his University studies at the University of Stellenbosch in 1979. He was a boarder in the Eendrag men’s residence for 5 years and completed a B.Sc; B.Sc (Hons) and M.Sc (Nuclear Physics) in 1983. He worked as a Senior Scientist at the Atomic Energy Corporation in Pretoria from 1984-1988. He completed 2 years of compulsory military training at the School of Engineers in Kroonstad during this time.

Changing careers in 1989, he started his Medical Studies at the University of Stellenbosch and completed his MB.ChB in 1994. He worked in the UK for 6 months and returned to RSA to work as a medical officer untill 1997. He started as a registrar in the Dept of O+G at the Tygerberg Hospital and completed his M.Med/FCOG(SA) in 2001. He joined private practice in Stellenbosch and lectured part time at the University of Stellenbosh Medical School. He completed his Fellowship in Reproductive Medicine in
2007 and started the Wijnland Fertility Unit in 2010.

During his career he authored and co-authored 21 national and international publications and has given numerous talks at national and international congresses. He is the current Secretary of the South African Menopause Society (SAMS) and served on the South African Society of Obstetricians and Gynaecologists (SASOG) since 2012. He served as the SASOG President (2015-2018). Johannes was the founder of the SASOG BetterObs program and serves as the SASOG BetterObs National Lead Obstetrician (along with dr Sagie Naidu) untill 2021.

Johannes was elected President of FOSAS (Federation of South African Surgeons) in 2018 and serves a 2 year term. FOSAS represents all 21 surgical disciplines in RSA and represents approximately 6000 surgeons. He has completed a one year Post Graduate Diploma in Business Management and Administration (PGDipBMA) at the University of Stellenbosch Business School (2017 – 2018).

Johannes is an active road athlete and golfer and still plays senior league for Stellenbosch Golf Club

John Mullins SC

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Alan Nelson S.C.

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Prof Hennie Klopper

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Stephen Kellerman

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Adv Michelle Posemann

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Romany Sutherland

Senior Associate
Norton Rose Fulbright South Africa
Cape Town, South Africa
Tel: +27 21 405 1295
Email: romany.sutherland@nortonrosefulbright.com
_____________________________________________________________________________________
Romany Sutherland is a medical malpractice and insurance lawyer based in Cape Town. She has thirteen years’ experience as a medical negligence lawyer, predominantly representing the plaintiff.

She joined Norton Rose Fulbright in November 2019 as part of the insurance litigation team, focusing on medical law and medical malpractice claims. She advises the Department of Health in the public sector as well as various insurers in the private health sector.

Romany regularly presents seminars and training for clients, medical practitioners and medico-legal experts on various medical law, risk management models and alternative dispute resolution.

Practices
Professional indemnity litigation
Medical malpractice / clinical negligence litigation
Alternative Dispute Resolution
Healthcare
Key industries
Liability Insurance
Life sciences and healthcare

Education
Accredited Mediator, The University of Cape Town / Mediation in Motion, 2014
Certificate in Medical Law, The University of South Africa / Pretoria, 2007
LLB, The University of KwaZulu-Natal, 2005
Representative experience
Favorable outcome in an appeal to the Constitutional Court in a matter requiring the development of the common law in a wrongful life case: H v Fetal Assessment Centre 2015 (2) SA 193 (CC).
Favorable outcome in the first independent medical malpractice mediation in South Africa, 2014.
Favorable outcome in a number of negotiated settlements with the department of health, Western Cape Province.
Favorable outcome in a number of birth injury cases involving settlements of between R17- R25
million.

Admissions
High Court, North and South Gauteng Province
High Court, Western Cape Province 

Publications
Journal of Indian Medico-legal and Ethics Association, Letter to the Editor: “My Trip to IMLEACON,” 2019

Speaking engagements

“Collaborating with the State Attorney on settlement solutions in cerebral palsy cases”, and
“Addressing the physician’s mental health crisis,” South African Medico-legal Association –
Presentations to the President of South Africa, Johannesburg, 2019

SAMLA/University of Cape Town “Cerebral Palsy Workshop 4”, Chairperson and course facilitator,
2019

“Constitutional Damages – when can this be claimed?” Workshop 2 SAMLA/UCT, Cape Town, 2019

“Medico-legal practice in South Africa,” IMLEACON, Ahmedabad, India, 2018

Memberships and activities
South African Medico-Legal Association (SAMLA)
Director (2014 – present)
Western Cape Branch Chairperson (2014 – present)

Languages
English
Afrikaans

Louis Podbielski

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