Most of us would reasonably assume that the rates charged by Private Hospitals are so high because such Hospitals provide a high level of facilities, equipment and nursing care.

We would also expect that they would accept responsibility for harm caused to patients as a result of incompetent or negligent nursing staff, defective medical equipment, poor infection control and even willful and deliberate harm caused to patients by nurses and other staff.

The shocking answer is that they do not accept any responsibility whatsoever and that notwithstanding our Constitution with its high sounding principles including “the right to dignity, the right to life, the right to health” and so on, our Supreme Court of Appeal held that it is legal for Private Hospitals to do this.

In the case of Afrox Health BPK vs Strydom, (2002) (SALSA 125) SCA, the Court found that the Indemnity and Waiver Clause on the Hospital Admission form, whereby the Patient agrees to waive (abandon) all rights to claim damages flowing from negligence on the part of the Hospital and/or its staff, was valid.

The learned Judges ignored arguments as to the inequality of bargaining power of a desperate patient compared to the powerful hospital owners or the complete breach of any good faith, sense of responsibility or ethical considerations on the part of the hospital towards patients.

Similarly the argument that the very essence of the Contract between a patient and the hospital was surely that in return for payment, the patient was entitled to expect and receive a reasonable level of medical care from the Nursing staff, properly functioning equipment, First World standards in infection control, proper medication administration and so on.

This unfortunate decision cries out for remedy in the Constitutional Court and RBP Inc intends approaching such Court at the first suitable opportunity.

If you are a victim of medical negligence or would like to get Ronald Bobroff & Partners Inc to assist you with a medical negligence claim please contact us or call us on 011 880-6781 or on our 24hour toll free number 0860 100 184.