SAMA INSIDER AUGUST 2015
SAMA calls for judicial review of Compensation Fund Free resources for SA doctors
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competition entriesnow open Snap to it!2015SAMA/MPS Doctors’ coding manual workshops Another milestone for SAMA PPD Free resources available for SA profileMember failing private doctors Why theCompensation Fund is SAMA news inbrief FEATURES We needmore shrinks EDITOR’S NOTE SAMA Communications Department SAMA Private Practice Department SAMA Private Practice Department Conrad Strydom Conrad Strydom Conrad Strydom SAMA Communications Department Conrad Strydom “Perfect Day” – Dr Basil Stathoulis Dr – Day” “Perfect 20 19 17 15 14 14 Conference 13 GENERAL NEWS The swollen knee The rightto refuse treatment How PAIA affectsdoctors MEDICINE AND THE LAW for ethicsteachers UNESCO and Wits announce course transplant published Novelised account offirstheart prevention talkat seventh SAAIDS SEDASA presents HIV/AIDS Medical ProtectionMedical Society Julian Botha ProtectionMedical Society UNESCO BioethicsSection SAMA Communications Department Dr Ayodele Aina COMMON CLINICAL PROBLEMS AND THEIR SOLUTIONS SAMA CONFERENCE | EXHIBITION ANNUAL DOCTOR’S AWARDS 2015 18 - 20 September 2015 | Sandton Convention Centre
Program available online at www.samedical.org
SAMA is the largest medical association in South Africa, representing more than 17 000 medical practitioners, both generalists and specialists, in private practice and public sector.
The SAMA conference will focus on clinical issues, tools and solutions in order to deliver a better healthcare system to the nation.
This conference has become bigger and better over the years. The quality of the speakers, combined with the depth and breadth of topics discussed, continues to exceed the expectations of participants and experts alike.
The conference attracts, not only doctors but representatives from important healthcare stakeholders such as the National Department of Health, regulators, funders, administrators and managed healthcare entities.
FOR MORE INFORMATION: www.samedical.org/events | Registration ends 1 September 2015 EDITOR’S NOTE AUGUST 2015
We need more shrinks recent article in the Sunday Times asked readers to take a test to see whether they had succumbed to “South AAfricanosis” and were “as crazy as their country”. As facetious as the article was, it did contain a kernel of truth, as anyone who recently watched parliamentarians making donkey noises could attest; we are a bit nutty. More’s the pity, then, that a 2012 study revealed there are only 320 practising psychiatrists in the entire country, representing a ratio of one for every 150 000 citizens. This is despite the fact that nearly one in three South Africans will suffer from a mental disorder in their lifetime. As early as 2000, data already indicated that neuropsychiatric disorders ranked third in their contribution to South Africa’s Conrad Strydom national burden of diseases. Psychiatrists are particularly Editor: SAMA INSIDER concerned about the prevalence of depression and related disorders among HIV patients, a silent epidemic that is seldom considered. This indifference to mental health issues is also apparent in the low priority given to psychiatric medications on the Essential Drug List. As a result, psychiatrists in the public sector (only 120 at last count) are among those most affected by drug stock-outs. Their patients often suffer severe withdrawal symptoms when they cannot take their medication and some are even at risk of suicide or self-harm in such cases. Perhaps more can be done to entice undergrad medical students into the field? Either way, South Africa’s growing mental health burden will have to be addressed sooner rather than later. In this issue of the SAMA Insider, we take a look at SAMA’s recommendation to its members not to treat COID patients unless their injuries are life-threatening. We inform members about a few of the multitude of free resources that are available to them on page 9. You can also learn more about the annual SAMA photography competition on page 13.
Editor: Conrad Strydom Design: Health & Medical Publishing Group (HMPG) Head of Sales and Advertising: Diane Smith Block F, Castle Walk Corporate Park, Production Editor: Diane de Kock Nossob Street, Editorial Enquiries: 012 481 2041 Erasmuskloof Ext 3, Pretoria Advertising Enquiries: 012 481 2069 Published by the Health & Medical Publishing Group (HMPG) Email: [email protected] www.hmpg.co.za | [email protected] | Printed by TANDYM print
DISCLAIMER Opinions, statements, of whatever nature, are published in SAMA Insider under the authority of the submitting author, and should not be taken to present the official policy of the South African Medical Association (SAMA) unless an express statement accompanies the item in question. The publication of advertisements promoting materials or services does not imply an endorsement by SAMA, unless such endorsement has been granted. SAMA does not guarantee any claims made for products by its manufacturers. SAMA accepts no responsibility for any advertisement or inserts that are published and inserted into SAMA Insider. All advertisements and inserts are published on behalf of and paid for by advertisers. LEGAL ADVICE The information contained in SAMA Insider is for informational purposes and does not constitute legal advice or give rise to any legal relationship between SAMA or the receiver of the information and should not be acted upon until confirmed by a legal specialist. FEATURES
SAMA news in brief
COID system denounced for fair treatment for the physicians employed SAPPF have, however, invited the BHF and other SAMA has taken the unprecedented step of there. NHLS employees are subject to the same healthcare stakeholders, including the DoH, to asking its members to treat Compensation ill treatment prevalent in other public health a meeting later this year to present proposed for Occupational Injuries and Diseases institutions, turning to organisations such changes to billing codes. An attempt by the DoH (COID) patients only if their conditions are as SAMA for labour arbitration in the case of to institute guideline tariffs for the healthcare life-threatening. The association has also unpaid overtime and non-payment of salaries. industry was rejected by the Constitutional requested its members to refer all other COID It is hoped that the DoH will pressure provincial Court in 2010, although there are rumours that cases to public facilities, and issued a call to departments into paying their NHLS accounts. the establishment of an independent body to President Zuma and Labour Minister Mildred review codes might be on the cards. Oliphant to institute a judicial enquiry into the New billing codes non-payment of Compensation Fund claims. proposed SA doctors held in China SAMA, in its capacity as the country’s largest In the ongoing fallout of the Competition SAMA was quick to respond to the detention representative body for medical doctors, Commission’s enquiry into the private healthcare of 10 South African citizens, including medical issued a statement on Wednesday 15 July industry, SAMA and the South African Private doctors Dr Feroz Suliman, a general surgeon denouncing the Department of Labour’s Practitioners Forum (SAPPF) have been cited at Waterfall Hospital, and his wife, Dr Shehnaaz (DoL)’s dysfunctional system, under which by the Board of Healthcare Funders (BHF) for Mohamed, by Chinese authorities who doctors who treat patients that are injured their alleged role in implementing “unjustifiable believed they were affiliated with a terrorist on duty have to be remunerated from the tariffs” through their coding practices. SAMA organisation. SAMA vice-chairperson Dr Mark Compensation Fund, a trust set up under and the SAPPF, who collaborate in drawing Sonderup described the detention as an the 1993 COID Act. However, nearly all COID up codes for use by private practitioners and outrage. “You cannot simply detain people claims are going unpaid in recent years, service providers, have been criticised for the carrying the passports of another country despite ongoing efforts by SAMA and other revised codes that were released earlier this without having clear reasons as to why you organisations. “The DoL has been unwilling year via the Medical Doctors Coding Manual are doing so,” he was quoted as saying. “The or unable to fix COID,” SAMA chairperson Dr (MDCM), which have in some cases introduced South African government must step up to Mzukisi Grootboom was quoted as saying. multiple codes for procedures which used to the plate and help its citizens.” The detention According to Dr Grootboom, the situation is have very few codes. SAMA’s codes are based was first reported by Gift of the Givers, whose not only having an extremely negative impact on a coding system called current procedural head, Dr Imtiaz Sooliman, has previously been on private doctors, some of whom rely on terminology (CPT), which some healthcare honoured by SAMA for his organisation’s COID pay-outs, but also on patients, who will funders do not subscribe to. SAMA and the charity and disaster relief initiatives. now be forced to seek medical assistance from the country’s poorly equipped public facilities. “These are drastic measures, but experience has shown us that those at the top Health numbers have no interest in fixing the COID system,” Dr • R5 billion: The total amount of money provincial health departments are alleged to owe Grootboom said. “This has to change, for the the National Health Laboratory Service. good of both patients and doctors.” • R18 000: The extra amount of money an average family of four has to spend to shop for healthier groceries every year. NHLS letter • 34: The number of the world’s 196 countries that have some form of action plan to deal with the threat of antibiotic-resistant superbugs, according to a WHO report. SAMA, along with the Rural Doctors Association • 18: The average number of days South African depression sufferers are absent from work due of South Africa and the Treatment Action to their condition, according to a study by health research firm Hexor. Campaign, has sent a strongly-worded letter to the Department of Health (DoH) regarding the state of the National Health Laboratory Service About SAMA (NHLS). The NHLS, which performs all the samples testing for public health facilities, has The South African Medical Association (SAMA) is a non-statutory professional association for public and private sector doctors. It is the largest such body in South Africa, with experienced continued financial instability for a over 17 000 registered members, including some of the most well-known names in local number of years. This is largely due to provincial medicine, and is the national representative at the prestigious World Medical Association. health departments not paying their bills and A registered non-profit, SAMA is dedicated to furthering the interests of its members in ignoring requests to do so. The KwaZulu-Natal a healthcare environment that often places practitioners last. SAMA has proven itself to health department alone is rumoured to owe be the national leader in healthcare activism on numerous occasions, fighting against over R3 billion in outstanding payments. The the exploitation of doctors in the private sector and, via its trade union arm, the terrible NHLS, in turn, is alleged to owe R300 million to conditions prevalent in public health facilities. SAMA seeks to empower doctors by its suppliers. The SAMA Trade Union has been promoting the integrity and image of the health profession, developing skills in the health an active presence at the NHLS, advocating sector and lobbying for improvements in health policy.
4 AUGUST 2015 SAMA INSIDER
FEATURES
Why the Compensation Fund is failing private doctors
Conrad Strydom
he Compensation Fund’s medical aid but despite having received repeated assurances, hoping that the fund will recompense them division, established to remunerate no reforms were instituted. The association was further down the line. TSouth African doctors who treat workers invited to attend a recent meeting between the A SAMA survey of private practitioners in injured while on duty, is “dysfunctional”, Compensation Fund and healthcare stakeholders Gauteng indicated that 65% of those surveyed according to recent press statements by the by the fund’s acting commisioner, Vuyo Mafata, had problems sourcing payments from the South African Medical Association (SAMA). but opted not to, resulting in a public tongue- Compensation Fund. More staggering still was At a press conference held at SAMA’s head lashing from the commissioner. the amount of money owed to these doctors – an office in Pretoria on Wednesday 15 July, According to Mafata, Parliament’s Standing average of R895 000 per practitioner. This situation SAMA chairperson Dr Mzukisi Grootboom Committee on Public Accounts has been has caused many doctors to refuse to see COID called for an end to maladministration and looking into the state of the fund and has made patients, even before SAMA issued its statement, inefficiency at the fund, which has been recommendations that could see the first signs of with an average of 65% of doctors in one survey plagued by issues including late payments change begin to appear. However, the DA believes stating that they would not treat workers that were and the non-payment of claims. Furthermore, the only way to salvage the fund is to privatise it, injured on duty. Also of concern are reports that Dr Grootboom took the unprecedented step citing the lack of IT and human resources capacity state facilities are also turning injured workers away. of asking SAMA members not to treat patients in the public sector as the major barrier to efficient that were injured on duty unless their injuries service delivery. Compensation Fund payments were of a “life-threatening nature.” have previously been outsourced to private “In many cases, sector firm Compsol, but the current crisis was doctors who treat “The Compensation largely precipitated by Compsol’s announcement that they would not pay doctors in advance for COID patients are Fund has been given claims, since the DoL had been unable to pay the R556 million it owed them. forced to cover the more than enough “This fund receives hundreds of millions of rands every year,” Dr Grootboom said, “and this costs of treatment chances to prove creates a valid expectation among workers that they will be taken care of in their time themselves” its willingness to of need. It is time that the state takes its legal reform, to no avail” obligations seriously and delivers the service SAMA has issued a call for President Zuma it has promised.” By referring COID patients and Labour Minister Mildred Oliphant to to state healthcare facilities, SAMA hopes institute a judicial enquiry into the state of “We are dismayed that the fund cannot meet it can save a number of private practices the Compensation Fund. The association its lawful obligations,” Dr Grootboom said. “Not and community health centres that are is confident that such an enquiry will find only is it failing South African doctors, it is also dependent on Compensation Fund payouts evidence of widespread maladministration and failing the workers it claims to support.” The R52 from going under. Said Dr Grootboom: “Some incompetence at the fund, and that it will also billion Compensation Fund, which is part of of these practices have no option but to bring to light the unwillingness to implement the Department of Labour’s Compensation for close down, and this is especially tragic in the change on the part of administrators that has Occupational Injuries and Diseases (COID) system, case of institutions like the Workers’ Accident prevented the fund from executing its duties. has suffered from severe delivery issues over the Rehabilitation Centre in Durban, which was a Whether any such enquiry will take place last few years, resulting in multiple changes pillar of the community.” In many cases, doctors remains to be seen, although SAMA remains of administration at the fund and a number of who treat COID patients are forced to cover hopeful that serious interventions might yet investigations into its workings by organisations the costs of treatment from their own pockets, save the fund from total collapse. such as SAMA and the Democratic Alliance. “The problem is that we cannot stand aside and wait for things to change by SAMA’s case against the Compensation Fund themselves anymore,” Dr Grootboom said. “The • The fund fails to process and pay legitimate claims Compensation Fund has been given more than • It is unable to fulfil its obligations as outlined by legislation enough chances to prove its willingness to • Continued non-payment is having an adverse effect on doctors and patients reform, to no avail. As we speak, there are ten- • The fund has a decades-long backlog of payments not yet processed year old claims that have still not been paid out. • Many years of negotiations with the fund have led to nothing That is why SAMA is taking this unprecedented • There are indications of severe maladministration at the fund step, to draw attention to this crisis.” • Problems at the fund have already resulted in numerous practices closing their doors SAMA has approached the fund’s • A judicial enquiry into the fund is necessary to determine the extent of its problems administrators multiple times over the last decade,
5 AUGUST 2015 SAMA INSIDER FEATURES
Member profile: Dr Hilda du Plessis
Conrad Strydom
ot everyone who studies medicine I work five days a week and do does so directly after high school. NSome walk a more windy road into after-hours work, but the enormous the profession, as Dr Hilda du Plessis can attest. Dr du Plessis, a general practitioner expense of running a practice means I from Wonderboom, Pretoria, studied drama and enjoyed a brief acting career before barely break even becoming a doctor, partly because an aptitude test said she shouldn’t. When she is Did drama teach you anything side effects. Nevertheless, being a GP is an not running her practice, Dr du Plessis serves that you can apply to your awesome experience. We get to treat every as a board member of SAMA’s Gauteng North medical practice? kind of patient, from newborns to the very branch and as a member of SAMA’s national Drama taught me to be very observant, and old – my oldest patient is 104! Finance Committee. that is something medicine also emphasises. A medical career is also quite dramatic – you How do you feel about the What made you decide to forsake deal with life and death issues, after all. I try NHI programme? drama for a medical career? to incorporate some drama into my dealings In principle, it is perfect. Healthcare should After school, I enrolled at the University of with patients every now and then. Children, be free for all, but it won’t work in South Pretoria, but I wasn’t sure what I wanted especially, are more responsive to this kind of Africa because such a small proportion to study, so I went for an aptitude test. approach. I still love the theatre, but medicine of the population is working and earns a The test results indicated that I should will always be my true calling. decent wage. Telling people that can afford study anything other than drama, due to medical aid that they must sit in long queues my extremely shy nature. Needless to say, What challenges do you face at NHI clinics is a disaster waiting to happen. I soon enrolled for a drama degree, since in your daily practice? As long as people can afford medical aid I reasoned that the only way to get rid There is never enough time! In order to make cover, doctors will opt not to work for the of my shyness was to perform in front of enough money you have to see a great many state. Public healthcare has become far too people. I also wanted to study medicine, patients, but you can’t rush from one patient cumbersome and bureaucratic to support a but felt that I needed to plunge into drama to the other – you have to give enough time programme like NHI – and this problem didn’t first. It was a very interesting experience! to each one. It is quite a struggle and it is start with the ANC, by the way. I worked in However, in the back of my mind I knew I sometimes hard to keep afloat, quite frankly. public hospitals back in the day and it was didn’t want to be an actress for the rest of I work five days a week and do after-hours no picnic back then, either. If NHI is to work, my life. I performed in a number of plays work, but the enormous expense of running a we need to implement something like the and met all the famous local film and practice means I barely break even. Like most Canadian model, featuring lots of small, theatre people of the day. I shared a flat GPs, I have to make at least R1 000 an hour efficient, outsourced clinics. Dr Motsoaledi with Amanda Strydom and went to class to stay viable. However, I am usually lucky to is to be commended for his passion, but the with Karel Trichardt, but because of my make half that. Another problem is how one system he proposes is bad for GPs. If we have growing need to be a doctor I left that life often feels like nothing more than a bridge to spend much of our time in clinics making behind and went to work as a volunteer between patients and their medical aids. R300 to R400 an hour, we might as well close at Livingstone Hospital in Port Elizabeth Patients expect the most out of their medical our practices now. and KwaZakhele Hospital in the Eastern aids, and when they don’t get it, they blame Cape. It was 1981 and there was a state us. Medical aids are also blatantly using GPs Is there anything you want of emergency in the country. In remote to do their paperwork for them. All of this SAMA to do differently? areas like KwaZakhele, necklacing and proves how undervalued we GPs are, when It would be nice to see more engagement other violent acts took place regularly, we could be coordinators of patient care. This between members and SAMA. Right now it and I saw some shocking things. However, would avoid duplication of care, as multiple feels like every doctor is in their own camp. my resolve was strengthened and I started specialists prescribe medicines to patients It is definitely SAMA’s responsibility to reach studying medicine soon after. that end up clashing and causing unforeseen out to its members more, in ways that they will appreciate, rather than paternalistically prescribing things to them. It would be a Before we at SAMA can unite the great idea to create an online forum on the SAMA website where members can log their profession, we must first get everyone comments and complaints. Before we at talking to each other SAMA can unite the profession, we must first get everyone talking to each other.
SAMA INSIDER AUGUST 2015 7 FEATURES
Free resources available for SA doctors
Conrad Strydom
he information age has flooded our lives instructions for resuscitation, general which is sponsored for medical specialists and with digital aids of every description. emergency conditions and local EM policies. registrars, a Short Course in Death Certification TThe right app, database or program at It can be downloaded from iTunes, the App that is free to all practitioners, and a course the right time can greatly enhance the lives Store or Google Play. entitled Aspects of Female Medical Doctors, of medical practitioners – and a lot of it can presented by the newly-formed Medical be had for free. There are also a multitude of Medicine Price Registry Women Association of South Africa (MWASA), free services available for doctors in the know, Although originally designed for use by which is also free. The full list of online courses from toll-free hotlines to free online courses patients, this online application is also useful can be found at www.mpconsulting.co.za/ complete with CPD accreditation. SAMA for doctors. Type the name of any medication online-cme. Insider has drawn up a list of some of these into this registry and you will be provided free resources in the hope that they may be with the single exit price of that medication Toll-free national HIV hotline of use to SAMA members. and a list of all the generics available for it. for health workers This makes it arguably the fastest way to find This service, featured in the SAMA Insider HIV Clinical Guidelines app a complete list of alternatives for expensive before, answers queries related to patient Developed by local open-source healthcare medication and can also allow doctors to treatment. The hotline’s staff are trained to pioneers The Open Medicine Project South craft prescriptions that suit the budgets of provide accurate information on all aspects Africa (TOMPSA), this app was created their patients. The registry is updated regularly of HIV/AIDS care, including testing, post- for the Department of Health and is a and can be accessed at www.health-e.org.za/ exposure prophylaxis, preventing mother-to- comprehensive database of South African medicine-price-registry. child transmission, ARVs, drug interactions, HIV/AIDS treatment guidelines. Should the treatment of opportunistic infections, the DoH decide to alter these guidelines, MPS online resources drug availability and adherence support. the app will immediately update to reflect The Medical Protection Society is an old The hotline operates from Monday to Friday, these changes. Health workers can use hand at providing doctors with essential from 08:30 to 16:30. You can call the hotline the app to report problems at healthcare information. They have a page on their on 0800 212 506. facilities such as a lack of training or drug website entirely dedicated to online stock-outs. Health workers can consult resources for practitioners, all available free Public health vacancies posted the app to see whether their patients are of charge. The page provides access to the by African Health Placements eligible for antiretroviral (ARV) treatments, latest editions of all of MPS’s prestigious Feel like a change of scenery? African consult a dosage calculator to determine publications, including the Casebook. You Health Placements (AHP) maintains a list of the correct amount of ARV treatment that can also download an app on this page that vacancies in the South African public health should be administered in paediatric cases, will allow you to read MPS publication on sector on its website. Vacancies for medical or read the latest information regarding your iPhone or Android tablet. It includes officers, specialists, clinical managers, heads drug interactions and side effects. The app a number of factsheets on issues like of department and even pharmacists are also includes information that can guide patient confidentiality and writing witness listed. AHP specialises in sourcing and placing clinicians through the process of managing statements or reports. It also links to a little- doctors in often remote, under-serviced areas, difficult HIV cases, such as patients with known but highly useful series of MPS advice hence most of the vacancies listed are for rural renal failure, and detailed drug information booklets on everything from common parts of Limpopo, KwaZulu-Natal and the that can be used during treatment problems in general and hospital practice, Eastern Cape. To view the website, visit www. literacy sessions. A similar app devoted to ethics, the intricacies of patient consent in ahp.org.za/vacancies. tuberculosis treatment is reputedly on the South Africa and even guidelines on how to way. To download this excellent resource, handle the media. The page can be found Rounds List app search for “HIV Clinical Guidelines” in Google at www.medicalprotection.org/southafrica/ A cutting-edge piece of software, Rounds List Play or the App Store. casebook-and-resources. enables doctors and other health workers to upload patient information to a cloud-based EM Guidance app Free online CME courses rounds list, eliminating the need for a paper In a similar vein to the HIV Clinical Guidelines Medical Practice Consulting (MPC), a company list. Team members with access to the rounds app – and also developed by TOMPSA – is the that works very closely with SAMA, has a list list can upload vital patient information. All EM Guidance app, created to provide doctors of online CME courses on its website, many data uploaded to the app is encrypted, so you with on-the-spot emergency medicine of which are sponsored or free for SAMA don’t have to worry about violating patient information. Developed in conjunction with members. Most of the courses have been confidentiality by exposure to third parties. emergency medicine specialists from the accredited with CEU points. Some of the This is a universal iOS app that works on the universities of Cape Town and Stellenbosch, courses that are available include the FPD’s iPhone, iPad and iPod Touch. Look for it on this very handy app provides in-depth Short Course in Financial Management, iTunes.
8 AUGUST 2015 SAMA INSIDER FEATURES
Another milestone for SAMA PPD
SAMA Private Practice Department
n our quest to position the SAMA Coding Here is what Zandile had to say about her Unit at the forefront of medical coding in achievement: Ithis country, we have added another first “I was introduced into the medical coding to our array of achievements. industry in September 2004 when I was doing Ms Zandile Dube, a Coding Consultant at a Health Benefits Administration Learnership SAMA, has recently qualified as a Certified with the Discovery Health Institute. We were Professional Coder (CPC), becoming the third taught about the whole medical scheme SAMA employee to hold such a qualification. industry, including managed care, ICD 10 This is a major achievement, given the dearth codes, NHRPL, processing of claims, fraud, of professional coders in South Africa. Zandile and so forth. In 2005 I started working joins an elite group of clinical coders active in for Discovery Health as a Claims Assessor, the Southern Hemisphere. where I picked up lots of experience in the According to the American Academy of areas of claims assessment, claims auditing Professional Coders (AAPC) website, “AAPC’s and medical coding. I started working for Certified Professional Coder (CPC®) credential SAMA on a part-time basis in 2009, and was is the gold standard for medical coding in appointed as a permanent staff member in physician office settings and held by nearly February 2010. Physician-Based Medical Coding through 102 000 coding professionals. A Certified “Working for SAMA was a huge challenge AAPC. Professional Coder has proven by rigorous at first. Coding was especially difficult because “Through hard work and determination, I examination and experience that they know I had to learn a lot about anatomy, physiology am proud to be a Certified Professional Coder how to read a medical chart and assign the and medical terminology, but because I am (CPC) today.’’ correct diagnosis (ICD-9), procedure (CPT®), a hard worker and my colleagues are always We at SAMA’s Private Practice Department and supply (HCPCS Level II) code for a wide there to assist and advise, I have managed to are looking forward to tapping into Zandile’s variety of clinical cases and services.” complete a Certificate in Medical Terminology newly acquired skills, knowledge and This is one of the PPD team’s proudest and Anatomy through The Foundation for expertise, for the betterment of service moments so far. Professional Development (FPD) and CPC delivery to the SAMA membership.
Doctors’ coding manual workshops announced
SAMA Private Practice Department
he South African Medical Association The workshops will start off with ‘Coding special dietary requirements you may have, (SAMA) has identified the need for 101’ which provides basic training in the such as vegetarian or halaal). Tprocedural training in the private use and interpretations of the Rules and The target audience for these workshops sector and medical scheme industry. For this Modifiers applicable to the coding structure. includes: reason, and as part of efforts by the SAMA Time will also be allocated to informal • Doctors’ staff Private Practice Department to enhance the discussions of general problems experienced • Practice managers skill sets of private sector doctors and their by coders. Training will be provided by • Bureaus staff, Medical Doctors’ Coding Manual (MDCM) SAMA’s experienced coding staff, recognised • Medical schemes. Training Workshops will be held at the SAMA throughout the industry as experts in Head Office in Pretoria in the coming months. their field, and will include everything of People who wish to attend the workshop are It is vital to understand coding when relevance to a foundational and advanced welcome to apply for the sessions that will be rendering accounts to third party payers as understanding of coding in South Africa. held on 26 and 27 August (subject to change). well as during the assessment of claims, as Training will take place over the course of Payment has to be confirmed a week prior incorrect coding can have great financial two days at the SAMA Head Office in Pretoria. to the workshop to secure your booking. impact on doctors in the private sector. SAMA’s Requests for training in other centres will be For an invoice, please email us your Coding Unit has long been a leader in the field considered. Included in the registration fee of company details, including the VAT Number. of coding in South Africa and has developed R2 800 per person (including VAT) is the 2015 Should you have any queries please contact the MDCM to be the premier manual for those MDCM Book, a training manual, an attendance the SAMA Coding Unit on coding@samedical. involved with coding on a regular basis. certificate and a light lunch (please indicate any org or 012 481 2073.
SAMA INSIDER AUGUST 2015 9 FEATURES
Snap to it! 2015 SAMA/MPS competition entries now open
SAMA Communications Department
AMA’s 2014 photography competition was an overwhelming success. We were Sinundated with well-captured pictures that spoke to the following themes: work environment, emotions and community health. We hope that this year will be no different. We asked members to take pictures that provide a window into the time they spend saving lives in hospitals or in private practice, especially exceptional moments and experiences they share with their patients, fellow doctors and nurses. This year, we would like to continue with the same themes while adding a category on community health programmes to highlight activities that our members are involved in, but which are seldom recognised or captured. The South African Medical Association (SAMA) is pleased to announce that entries for the association’s annual photography competition are now open to all SAMA members. This is a long-standing initiative of SAMA’s which has been warmly received by its members. We anticipate drawing an even bigger number of entries this year than in years past. We are also happy to announce that some of the entries we receive will be auctioned, with the returns going to two charity organisations. The competition’s themes are: • Work environment • Emotions • Community health.
All entries will be displayed at the 2015 SAMA Conference, while the winning entries will be published in the SAMA Insider following the conference. A panel of experienced judges have been selected to judge the entries. As only digital prints are submitted, access to are R90 per entry per category (students and should not be larger than 10MB or smaller than the original file may be required for winning interns are only charged R40). Entries must 2MB. Please supply information regarding the entries. SAMA reserves the right to print, be submitted via the SAMA photography type of camera used, the exposure of the publish and exhibit any work submitted free competition website (www.samedical.co.za/ image (aperture, shutter speed, ISO), its focal of charge, but picture copyright will otherwise photography). The entrant must be the sole length and a short description of the image. remain with the photographer. author and owner of the copyright of all entries. Competition winners will be announced The competition is open to all SAMA All entries should be converted to an sRGB in September. For more information, contact members in good standing and the deadline colour profile and resized so that the horizontal Precious Qwabe on (012) 481 2164 or email for all entries is 31 August 2015. Entry fees and vertical axes do not exceed 900 pixels. Files [email protected].
10 AUGUST 2015 SAMA INSIDER Alexander Forbes Herman Steyn 012 452 7121 / 083 389 6935 | [email protected]
Offers SAMA members a 20% discount on motor and household insurance premiums.
Automobile Associa6on of South Africa (AA) AA Customer Care Centre 0861 000 234 | [email protected]
The AA offers a 12.5% discount to SAMA members across its range of AA Membership packages. Barloworld Lebo Matlala (External Accounts Manager: EVC) 011 052 0167 [email protected]
Barloworld Retail Digital Channels offers compeRRve pricing on New vehicles; negoRated pricing on demo and pre-‐owned vehicles; Trade in’s; Test Drives and Vehicle Finance.
Legacy Lifestyle Patrick Klostermann 0861 925 538 / 011 806 6800 | [email protected]
SAMA members qualify for complimentary GOLD Legacy Lifestyle membership. Gold membership enRtles you to earn rewards at over 250 retail stores as well as preferred rates and privileges at all Legacy Lifestyle partnered hotels and further rewards back on accommodaRon and extras. Claim your membership at www.legacylifestyle.co.za/SAMA, all you need is your mobile number to earn or redeem rewards. Travelling SAMA members can book their travel online or speak with our concierge service at Travel By Lifestyle (www.travelbylifestyle.co.za) Legacy Lifestyle, the rewards you’ve earned will pay for the Lifestyle you deserve.
Medical Prac6ce Consul6ng Werner Swanepoel 0861 111 335 | [email protected]
20% discount on assessment of PracRce Management ApplicaRons (PMA) and Electronic Data Interchange (EDI) systems.
SAMA and Merck Serono are offering SAMA members a first-‐of-‐a-‐kind and FREE FPD online CPD courses on FerRlity and Hyperthyroidism on www.mpconsulRng.co.za. Each course is worth 3 CPD points. The benefit is a saving of R465.00 per member per course. Medport Shelly van Dyk 087 550 1715 | [email protected]
A personalised portal website; an opRonal public webpage to make their services known (Private PracRce); access to a HPCSA accepted CPD Manager; a consolidated e-‐ mail account; online data storage space; unique applicaRons to manage their medical career; addiRonal applicaRons to download onto your portal page; easier and user friendly access to the internet; lisRng of your Private PracRce on the SAMA Geomap Directory. Mercedes-‐Benz South Africa (MBSA) Lebo Selumane 012 677-‐1855/082 412 7229 [email protected]
Mercedes-‐Benz offers SAMA members a special benefit through their parRcipaRng dealer network in South Africa. The offer includes a minimum recommended discount of 3%. In addiRon SAMA members qualify for preferenRal service bookings and other aeer market benefits.
MTN Service Provider Oswin LoPering Melissa Adriaanse 083 222 1954 083 212 3905 [email protected] [email protected]
We are pleased to offer SAMA members 18% discount. The discount however only applies to new addiRonal contracts and also when the user is due for upgrade. Discount will not apply to InternaRonal Roaming and Dialling, SMS’ and Data packages. Please note that this is extended out to the family and the discount is on VOICE packages only as well. Monthly Service Charge: less 18% (eighteen percent) discount. Usage Charge: less 18% (eighteen percent) discount (excluding internaRonal calls, internaRonal roaming, SMS, MMS and data Usage Charges). SAMA eMDCM Zandile Dube 012 481 2057 | [email protected]
67% discount on the first copy of the electronic Medical Doctors Coding Manual (previously known as the electronic Doctor’s Billing Manual). SAMA CCSA Leonie Maritz 012 481 2073 | [email protected]
CCSA: 50% discount of the first copy of the Complete CPT® for South Africa book. SOSiT Shelly van Dyk 087 550 1715 | [email protected]
20% discount on InformaRon Technology support and a 24/7 callout service.
Tempest Car Hire Corinne Grobler 083 463 0882 | [email protected]
SAMA members can enjoy discounted car hire rates with Tempest Car Hire. V Professional Services Gert Viljoen 083 2764 317 | [email protected] 10% discount on medical pracRce bureau service through V Professional Services.
Vox Telecom DJ Viergever Sales -‐ 087 805 0003 / Technical -‐ 087 805 0530 | [email protected]/ [email protected]
Provide email and internet services to members. Through this agreement, SAMA members may enjoy use of the samedical.co.za email domain, which is reserved exclusively for doctors. FEATURES
SEDASA presents HIV/AIDS prevention talk at seventh SA AIDS conference
Comrade Ayodele Aina, national chairperson: SEDASA
he Senior Employed Doctors of South Africa (SEDASA) a subcommittee of Tthe South African Medical Association Trade Union (SAMA TU) has, in line with its 2015 AGM theme and resolutions, namely ‘Moving towards action’, presented a talk on proper condom use and the management of the human immunodeficiency virus. The talk entitled ‘The Role of Labour Unions in the Prevention and Management of HIV/AIDS in Health Sectors’ was delivered at the seventh SA AIDS Conference in Durban. SEDASA has long been concerned about the lack of knowledge regarding the prevention and management of HIV/AIDS that is so prevalent in our healthcare sector and even among doctors.
The duties of trade unions extend beyond the wearing of red caps, shirts, underpants and tracksuits!
Right is one of the highlights of SEDASA’s presentation, indicating proper condom use. The use of condoms remains one of the best prevention methods to combat HIV/ AIDS infection, but is still not understood by large sections of the healthcare and general population. As South Africa moves towards achieving the healthcare goals outlined in the National Development Plan 2030 and the 90/90/90 principle that seeks the achievement of zero stigma, zero discrimination, zero new infections and zero According to our records, no trade union has shirts, red underpants, red tracksuits, carrying deaths. We at SEDASA call on 99% of the ever made such a presentation to a national placards and striking! If given the appropriate population to be tested, for 99% of those conference before, and we hope that we platforms, trade unions can also educate and who have tested positive to be placed on have set a precedent that others will follow. uplift the sectors they serve. ARVs and for that 99% of the population on It is evident that the duties of trade unions Amandla! Towards quality healthcare ARVs to have viral suppression. extend beyond the wearing of red caps, red for all!
SAMA INSIDER AUGUST 2015 13 FEATURES
Novelised account of first heart transplant published
SAMA Communications Department to become a pioneering heart surgeon on the scenes, though, Barnard’s team struggle to fight brink of a breakthrough that would make medical the twin threats of rejection – when the body history. At the same time, he’s afraid of the rejects the transplanted heart as foreign – and crippling effects of arthritis which was diagnosed infection. During these 18 days of survival, there just over a decade ago in 1956. are highs and lows, times of hope and times of Then a car accident happens in Main Road, Salt despair, shared by the staff and the family and River, fatally injuring 25-year-old Denise Darvall friends of Washkansky alike. It’s a medical battle and killing her mother. An ambulance takes the for life under extraordinary conditions, many of accident victims to Groote Schuur Hospital where which are unknown due to the unprecedented a neurosurgeon declares Denise brain-dead after nature of the first transplant in the world. sustaining multiple skull fractures. Her father, Eventually, after a valiant fight from the Edward, is deeply distressed. The registrar at the heart team, the nursing staff and Washkansky cardiac unit, Dr Bossie Bosman, identifies Denise himself, the patient succumbs to pneumonia, as a possible heart donor. When he is informed the transplanted heart still in perfect working that Saturday evening, Barnard rushes to the order. Heartbeat takes the reader inside A hospital and calls in his heart team from all over Theatre and B Theatre to share the intimate the Cape Peninsula, including his brother Marius, experience of the actual operation which made ne of South Africa’s greatest scientific who is celebrating his 16th wedding anniversary medical history, as well as into the hearts and achievements, the first successful and is well wined and dined. minds of Washkansky and the team at Groote Ohuman heart transplant, has been The novel takes the reader on a thrilling ride Schuur who tried everything to save him. turned into a gripping novel by Cape Town through the ensuing operation, focusing on inner According to the author, “the book is a factual writer Michael Lee. The novel, entitled Heartbeat, and outer conflicts as Dr Barnard wrestles with his account of one of the greatest breakthroughs opens on the afternoon of 2 December 1967 with own characteristic doubts, seeking inspiration to in medical history, made more potent by the Professor Chris Barnard trying to relax at his home fulfil his unlikely dream of making medical history fact that it is all based on first hand accounts in Zeekoevlei as he anxiously waits for news from ahead of American surgeons ready to carry out by participants, including the memoirs of Groote Schuur of a suitable heart donor for his the same kind of operation. When the operation both Barnard brothers. Additionally, every fact dying patient Louis Washkansky. He thinks back proves to be a success, a media storm erupts, presented in the book was checked by the Heart over his life and how he has risen from obscurity creating an international media storm. Behind the of Cape Town museum in Groote Schuur.”
UNESCO and Wits announce course for ethics teachers
UNESCO Bioethics Section
he United Nations Educational, Scientific on a five-day training module developed by • Simulated Teaching Presentations by and Cultural Organisation (UNESCO) is UNESCO in collaboration with global experts in Participants. Tpleased to announce an Ethics Teacher ethics education. The course is conducted by Training Course (ETTC) scheduled to take a team of international and local experts with All successful candidates for the course must have place at the University of the Witwatersrand extensive experience in ethics education. a degree in areas such as law, medicine, health (Wits), in Johannesburg, from 31 August to 4 The module contains the following key sciences, philosophy, ethics, or social sciences; September 2015. The ETTC is a collaborative components: experience in, or future plans of teaching ethics; effort involving UNESCO and the Steve Biko • Global Perspective on Ethics Teaching: and a good command of the English language. Centre for Bioethics at Wits. Trends, Challenges and Opportunities The course is open to other ethics professionals The course offers a unique opportunity • The UNESCO Core Curriculum as a Tool for and practitioners. Applicants who wish to register for participants from South Africa and other Promoting Quality Ethics Education for the course should submit a registration form countries in the region to enhance their • Ethics Teaching in Action: What and How to to the Secretariat of the Bioethics Section of teaching and professional capacities in Teach (A Model Lesson) UNESCO at [email protected]. For more bioethics and ethics. The ETTC is designed • Workshop: Sharing Experiences in Ethics information, please contact Mr Abdul Rahman to advance pedagogical capacity for ethics Teaching from the Local Perspective Lamin at UNESCO Regional Office for Eastern teaching and improve the quality of ethics • Classroom Communication: Pedagogy and Africa in Nairobi, Kenya at [email protected]; education around the world and is based Psychology of Ethics Teaching or visit www.unesco.org/bioethics.
14 AUGUST 2015 SAMA INSIDER MEDICINE AND THE LAW
How PAIA affects doctors
Medical Protection Society
The following article was prepared by the Medical Protection Society to inform their members about their rights and duties with regard to the Promotion of Access to Information Act.
he Promotion of Access to Information records under the Promotion of Access to anybody else, except in the following Act 2000 (PAIA) gives everyone the Information Act. circumstances: Tright of access to records held by • The patient has given consent to the release either public or private bodies for legitimate Parents and guardians of information. purposes. In the latter case, people should The parents of a child under the age of 12 • The information is needed in compliance be allowed access to “any information that is should be given access to the child’s medical with a court order. held by another person and that is required records if they request it, but bear in mind • A written directive has been issued by a for the exercise or protection of any rights”. that if the child has had a termination of judge or a magistrate in terms of section This includes access to health records. pregnancy, this information should remain 205(1) of the Criminal Procedure Act 51 of Either the patient him- or herself, or confidential unless the child consents to its 1977 to disclose information. someone authorised to act on the patient’s disclosure. • The public interest in disclosing information behalf, can request access; ordinarily the If a child is aged 12 or more, and has the outweighs the public interest in preserving request itself is made in writing and should be maturity to understand the implications, you patient confidentiality. This is not a decision responded to within 30 calendar days. will need to secure the child’s consent before to be taken lightly, so it is best to consult The only ground for refusing access is if disclosing his or her medical record. with an MPS medicolegal adviser or a disclosure “to the relevant person” (i.e. the colleague when weighing these competing patient or the person requesting access on Deceased patients interests. the patient’s behalf) “might cause serious The principle of confidentiality extends harm to his or her physical or mental health, beyond a patient’s death. Generally speaking, Solicitors or well-being”. information should only be disclosed to third Solicitors may request a copy of a patient’s The Act sets out detailed conditions in this parties with the consent of the deceased’s medical records in relation to a claim. If the section. Essentially, it states that if the person next of kin or executors, but there are solicitor is acting for the patient, you should tasked with deciding whether to grant access exceptions to this rule – information can not release the records without the patient’s or not (the “information officer”) thinks that be disclosed if it is required by an inquest (or a legally recognised proxy’s) consent. If disclosure might result in serious harm to the magistrate, for example. the solicitor is acting for a third party, you relevant person, he or she must consult with In addition to obtaining the authority of the should not release the records unless the a healthcare practitioner nominated by the deceased’s next of kin or executor, the HPCSA’s request is made in terms of the Promotion of relevant person. If the relevant person is under advice is to consider the circumstances when Access to Information Act and the information the age of 16, the nomination must be made deciding whether to accede to a request for requested is: by a person with parental responsibility. If the information and to consider the effect that • About an individual who has given written patient lacks capacity, the nomination must be disclosure is likely to have on the deceased consent to the requester or you for the made by a person appointed by the court to patient’s partner or family. disclosure to be made; manage the patient’s affairs. • Already publically available; If the nominated healthcare practitioner, Court orders • Information which belongs to a class of after viewing the records, agrees that disclosure You should comply with a court order to information that would or might be made would be likely to cause serious harm to disclose health records. Even if you have available to the public in any event; the relevant person as outlined above, the concerns about disclosing the records, you • About an individual’s physical or mental information officer may still allow access to should still comply with the order and attach a health, or wellbeing who is under the care the records if he/she is satisfied that adequate covering letter to the judge or the registrar of of the requester and who is under the age counselling arrangements have been made the court describing your concerns. Generally, of 18 or is incapable of understanding the “to limit, alleviate or avoid” such harm. The compliance with a court order should be nature of the request and giving access appointed counsellor must be given access considered mandatory, but in exceptional would be in the individual’s best interests; to the record before access is allowed to the circumstances, if you have concerns, it may • About an individual who is deceased and requester. be appropriate to seek advice from MPS. The the requester is the next of kin or the mere threat of a court order is not sufficient solicitor is making the request with the Relatives authority to disclose. consent of the deceased’s next of kin. Relatives have no automatic right of access to an adult patient’s records. If the patient lacks The police (See Chapter 4 section 63(1) and (2) to the the mental capacity to consent to disclosure, In general, the police have no more right Promotion of Access to Information Act 2 of a relative may apply for access to the medical of access to confidential information than 2000.)
SAMA INSIDER AUGUST 2015 15 MEDICINE AND THE LAW
ICD-10 Coding Previously the HPCSA “strongly recommends” SAMA members must submit PAIA manuals by 31 December getting a patient’s written consent before The Promotion of Access to Information Act (PAIA) was promulgated in 2000 and had since disclosing information to a medical scheme. been enforced by the Department of Justice. In terms of the Act, all information held on Such written consent can be a “once-off” applying a person is confidential and may not be disclosed to any third party without the written to patient contact concerning the same or a consent of the person about whom the information is held. At the time of promulgation, similar clinical condition, but subject to verbal the Act provided that all entities must declare the information which is available in their reminders and confirmation (which should be businesses in the form of a manual which had to be submitted to the SA Human Rights documented in the patient’s records). When the Commission. In the case of doctors, all those in private practice had to adhere to the patient presents with a new condition, it will be requirements of PAIA. necessary to obtain new written consent. The Correspondence together with a pro forma PAIA manual was circulated to SAMA members 2008 booklet makes no such recommendation. during the course of 2003. Subsequently, the submission date for manuals to be submitted The patient’s consent must be fully informed, was extended numerous times and now finally to 31 December 2015 (provided that the based on a full and frank discussion about who practice did not have more than 50 employees or a turnover equal or higher than R5 million will be accessing the information and for what per annum: the submission date for those private businesses has lapsed). purpose, and the implications of disclosure The SAHRC has sent a reminder to all SAMA members who have not complied with the versus non-disclosure. The patient should be Act to compile an information manual and submit it to the SA Human Rights Commission on informed that the medical scheme has the or before 31 December 2015. discretion to reject claims with a U 98.0 code Please e-mail a signed copy to [email protected] and post a hard copy to the following (Patient refused to disclose clinical information). address belonging to the Commission: Doctors who provide services that do Private Bag X2700 not involve direct contact with the patient Houghton (pathologists, for example) should confirm with 2041 the commissioning doctor that the patient For more information relating to compliance with section 51 of the Promotion of Access to has consented to his/her medical information Information Act, contact Lindiwe Dlamini on 011 877 3803, via fax on 011 403 0625 or via being accessed and to clinical information email at [email protected]. being disclosed to his/her medical scheme.
16 AUGUST 2015 SAMA INSIDER MEDICINE AND THE LAW
The right to refuse treatment
Julian Botha, Strategic Accounts Manager: SAMA Private Practice Department
(b) the range of diagnostic procedures and “27A. Main responsibilities of health treatment options generally available to the user; practitioners (c) the benefits, risks, costs and consequences A practitioner shall at all times - generally associated with each option; and (b) respect patient confidentiality, privacy, choices (d) the user’s right to refuse health services and and dignity; explain the implications, risks, obligations of such (d) provide adequate information about refusal.” the patient’s diagnosis, treatment options and alternatives, costs associated with each Of particular importance here is subsection such alternative and any other pertinent (d) which places a direct and unequivocal information to enable the patient to exercise obligation on the healthcare provider to a choice in terms of treatment and informed inform the patient (‘user’) of their right to decision-making pertaining to his or her health refuse health services. Not only is a healthcare and that of others.” provider duty bound to inform their patients of this right, they are compelled to respect The Ethical Rules, published as Regulations that choice. to the Health Professions Act (and are thus This places practitioners in an invidious legislation) echo the contents of section 6 of ethical position. Medical practitioners may the NHA and reinforce the principle of patient be faced with patients who, in spite of being autonomy, and particularly the patient’s ‘right given all relevant information in respect of their to choose’. condition and the optimal treatment thereof, It must, however, be borne in mind that he current debate regarding the recent nevertheless refuse to provide consent for that the patient concerned must have decisional decision by Judge Fabricius in the matter of treatment. The patient, therefore, knowingly capacity, the absence of which, in any event, TRobert Stransham-Ford has sparked intense embarks on a course of action which will would result in the patient being unable to debate regarding the issues, considerations adversely affect their health. The practitioner provide informed consent at all. and beliefs relating to the question of “active is obliged to adhere to the ethical principles It is therefore clear that South African law euthanasia” and assisted suicide. of non-maleficence (healthcare practitioners requires a practitioner to respect the choice It is not the purpose of this article to jump should not harm or act against the best of the patient, even where that choice may into the fray and participate in that debate, interests of patients, even when the interests adversely affect the patient’s health, or where but rather to draw attention to a related issue of the latter conflict with their own self-interest) it may result in hastening the death of the in respect of patients who, for a variety of and beneficence (healthcare practitioners patient. This right stems from the fundamental reasons, decline to undergo medical treatment. should act in the best interests of patients even right to self-determination and is perhaps This issue is, in fact wider than the “end of life” when the interests of the latter conflict with best summed up by Judge Ackerman in the decision, but can occur even when the patient their own personal self-interest). seminal case of Castell v. De Greef (1994): is not terminally ill. It also involves the patient’s It would appear to fly in the face of these fundamental right to make choices regarding ethical principles for a medical practitioner “It is, in principle, wholly irrelevant that her their healthcare. South African legislation to allow a patient to choose not to receive attitude is, in the eyes of the entire medical respects and promotes the principle of patient treatment and potentially harm themselves profession, grossly unreasonable, because her autonomy, and nowhere is this more evident by that choice. The underlying and guiding rights of bodily integrity and autonomous moral than in the National Health Act (NHA). Section principle of ‘first, do no harm’ would seem agency entitle her to refuse medical treatment.” 6 of the NHA provides as follows: be incongruous with allowing a patient to continue this course of action (or inaction). The patient’s right to self-determination is “6. User to have full knowledge There would not appear to be an easy ethical therefore the paramount principle that must (1) Every health care provider must inform a user answer to this question, but the fact of the be adhered to and it is the duty of the medical of- matter remains that compliance with the practitioner to ensure that the patient has all (a) the user’s health status except in circumstances prevailing legislation must take precedence. the relevant information required to exercise where there is substantial evidence that the The Ethical Rules also make reference to this right, and thereafter to respect and act disclosure of the user’s health status would be the practitioner’s obligation to respect the in accordance with whatever choice that contrary to the best interests of the user; patient’ choice, at Rule 27A: patient makes.
SAMA INSIDER AUGUST 2015 17 MMPA 18th Annual Congress
Tsogo sun – riverside sun hotel 4-5 September 2015
2 day Medical Congress: Informative presentations. MMPA sponsors your spouse for the Gala dinner and accommodation. Enjoy a family week-end away. Kids under 18, sharing with parents - stay free including B&B This CPD Accredited Congress will be of interest and great benefit to all practicing health care professionals.
For more details, please contact [email protected]/ 011 498 7269 MEDICINE AND THE LAW MMPA 18th Annual Congress The swollen knee
The Medical Protection Society shares a case report from their archives
orty-four-year-old Ms M presented to in that he had failed to mention the presence her GP with pain and swelling of her of a joint effusion with non-specific tissue Fright knee. She had experienced similar in the supra-patellar pouch. In his opinion, symptoms three years earlier while pregnant however, it would have been inappropriate but had not undergone any investigations at on this evidence to consider a sarcoma in Tsogo sun – riverside sun hotel the time. The GP made a provisional clinical the differential diagnosis. In the context of a diagnosis of recurrent meniscal injury and recurrent acute episode these findings were referred Ms M for an MRI scan. likely to represent breakdown products of 4-5 September 2015 The radiologist, Dr A, reported the scan blood. as normal. Plain films taken at the same Further investigation would have been time showed evidence of mild degenerative dictated by the subsequent clinical course change and several small loose bodies of events, albeit that this may have been above and below the joint, which were not influenced by the MRI findings. Dr K, the considered significant. Ms M underwent a orthopaedic expert, agreed with Dr J that course of physiotherapy. the MRI findings were non-specific and Fourteen months later she re-presented not indicative of malignancy. Had the MRI with acute locking of the knee after an been reported in the terms suggested by aerobics class. She was experiencing Dr J, Dr K considered it likely that the GP difficulty sleeping and reduced movement in would have reassured Ms M and treated her the knee joint and was referred to Dr B, who conservatively with physiotherapy, which noted tenderness over the medial side of the was, in fact, what happened. joint and a 15 degree fixed flexion deformity. Had Ms M’s symptoms not settled down He advised an arthroscopy for further following the first MRI scan it is likely the GP evaluation. This confirmed the presence would have referred Ms B to an orthopaedic the presence of an effusion and soft tissue of multiple loose bodies and attached soft surgeon who would probably have arranged within the knee joint, this would not have tissue structures. Dr B made a provisional an arthroscopy, and biopsied the lesion. This altered the outcome. Had Dr A reported diagnosis of a foreign body reaction and took would have resulted in the same course the MRI scan correctly, management would biopsies for histology. of action and outcome as that which have been dictated by the subsequent Interpretation of the histology proved subsequently transpired. The treatment clinical course and would most likely have extremely challenging and the specimens options that would have been offered been conservative in the first instance. From were sent to a number of eminent would have been above knee amputation or the outset, above knee amputation would pathologists for review. The consensus was tumour resection followed by radiotherapy. have remained the only curative treatment that this was a high-grade, undifferentiated The prospects of success for the latter option option, and hence the amputation could not soft tissue sarcoma, although malignant would have been low, with a high risk of be attributed to any failure on Dr A’s part pigmented villonodular synovitis (PVNS) recurrence. to report the abnormalities on the original could not be entirely excluded. In Dr K’s opinion, the only safe option was MRI scan and so causation could not be A further MRI scan was carried out, which above knee amputation. He disagreed with established. identified a residual soft tissue mass that was the claimant’s expert, Dr C, that amputation Although the claimant could not be also biopsied and confirmed to be consistent would have been avoided had the diagnosis persuaded to discontinue on the causation with the initial histology. Ms M underwent been made 14 months earlier. defence alone, it enabled MPS to settle the an above knee amputation followed by MPS argued that although there was a case for a reduced amount, based on the chemotherapy. breach of duty by Dr A in failing to report patient’s additional pain and suffering. She subsequently made a claim against 2 day Medical Congress: Informative presentations. MMPA sponsors your spouse for Dr A for alleged failure to properly interpret Learning points the Gala dinner and accommodation. and report on the original MRI scan, thus leading to a delay in diagnosis of synovial • A poor outcome does not necessarily mean negligence. Enjoy a family week-end away. Kids under 18, sharing with parents - stay free including B&B sarcoma, which necessitated an above knee • In radiology, errors of perception or interpretation that lead to a failure to recommend amputation. further investigation may constitute a breach of duty, even if the diagnosis cannot be This CPD Accredited Congress will be of interest and great benefit to all made from the presenting features. The same principle also applies to failure to elicit or practicing health care professionals. Expert opinion correctly interpret clinical signs and symptoms. In the opinion of the MPS radiology expert, • Breach of duty alone is insufficient to establish negligence. The claimant must prove a Dr J, Dr A had under-reported the MRI scans causal link between the breach and the subsequent injury or harm suffered. For more details, please contact [email protected]/ 011 498 7269
SAMA INSIDER AUGUST 2015 19 GENERAL NEWS
WMA urges Australian government not to silence physicians World Medical Association (WMA)
he WMA has called on the Australian in refugee centres who report on their Commenting on the letter, Dr Deau said: “This government to allow doctors to speak observations arising from their work. is effectively an attempt by the Australian Tout about the health of asylum seekers “This is in striking conflict with basic government to gag physicians by making their held in Australian detention centres. principles of medical ethics. Physicians have advocacy for the healthcare of asylum seekers in In a letter to Australia’s Prime Minister Tony to raise their voice, if necessary publicly, when Australian detention camps a criminal offence. Abbott, the WMA’s president Dr Xavier Deau health conditions of their patients, be those Such a procedure is not acceptable.” and chair Dr Ardis Hoven say that the recent free or in detention, are unacceptable. From Australian Border Force Act effectively silences the incoming reports we must assume that physicians who address the health conditions this is the case in the detention centres under of asylum seekers. The legislation imposes a responsibility of the Australian Government. penalty of two years’ imprisonment on any We applaud and support those colleagues person, doctor or otherwise, who discloses who advocate for their patients and speak out. information obtained by that person while “We do support the motion by Australian working as an employee of a service provider Medical Association National Conference to the relevant government department, calling on the Australian government to namely Immigration and Border Protection. amend the legislation to provide an exemption In their letter, the WMA leaders say: ‘This for public interest disclosure. Nothing less we must assume extends to doctors working would be appropriate for a democratic state.”
Gauteng North awards lifetime membership AMA’s Gauteng North branch has support over a long period of time. The • Dr CN Nauhaus awarded lifetime membership to a following members were awarded lifetime • Dr PR Makhambeni Snumber of its branch members in membership: • Dr JP Pretorius recognition of their long and valued service • Dr A Joosub • Dr TG Rosch to the association. SAMA often awards • Dr TM Kluyts • Dr CJB Smit lifetime membership to doctors who have • Dr IJ Kriel • Dr DL Smit demonstrated faithful and unwavering • Dr LB Lemmer • Dr W Theron.
UCT Bioethics Centre to host euthanasia symposium he University of Cape Town’s prestigious reopened when the Pretoria High Court represented by Dr Liz Gwyther, and a neuro- Bioethics Centre will host an assisted ruled that the doctor treating Cape Town scientific rationale for assisted dying presented Tsuicide and euthanasia symposium lawyer Robin Stransham-Ford would not by Prof. Sean Davison. The symposium will on 18 August at the New Groote Schuur be prosecuted if he assisted Mr Ford in begin at 13:30 and end by 17:30. Hospital’s Lecture Theatre One. Medical terminating his life. The symposium will practitioners and other interested parties are cover topics related to the legal aspects of When: 18 August 2015 free to attend. euthanasia, presented by UCT’s Prof. David Where: New Groote Schuur Lecture Theatre The symposium will address the debate Benatar, Dr Tom Angier and Andrew Fisher; One surrounding euthanasia that was recently the view of the palliative care community, as Attendance: Open to all interested parties
20 AUGUST 2015 SAMA INSIDER CONGRESS ANNOUNCEMENT
19TH Annual Controversies and Problems in Surgery
Theme: Serious
complications after common procedures
and their management
Saturday 3rd and Sunday 4th
October 2015
University of Pretoria Faculty of Health Sciences Bophelo Road Arcadia Pretoria Department of Surgery E-mail: [email protected] Tel 012 354-1411 Fax 0866186665