Pharmaceutical and Health
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A comprehensive analysis by Professor Hennie Klopper of the problem of medical negligence claims in the public sector, and a discussion of proposed solutions to address the issue. It is one which has rapidly escalated to crisis proportions and needs to be addressed.
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In Cotty and Others v Registrar of the Council for Medical Schemes and Others [2021] 2 All SA 793 (GP), common law principle that an administrative appeal (timeously taken) suspends the decision which is the subject of the appeal is applicable, therefore an appeal ito s 50(3) of the Medical Schemes Act suspends a decision by the Council ito s 48(8).
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With the rate of mental illnesses climbing due to the lockdown and the general COVID-19 situation, it is vital that employers find a way to balance the needs of business and the needs of its employees to ensure that productivity is maintained and mental health is supported.
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The Covid-19 pandemic has seen a number of industries and organisations adopt virtual working over this period, but organisations will also need to take steps to safeguard employees’ mental health, say Phetheni Nkuna and Faatimah Essack of Lawtons Africa.
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Liability insurance in clinical trials is an indemnity covering the liability of an applicant for injury attributable to participation in the clinical trial. The loss covered includes that for medical treatment, and financial or other assistance necessary to adequately compensate participants for resultant impairment disability or handicap. When applying for a clinical trial to be approved, the applicant, the manufacturer, must submit evidence of comprehensive no-fault insurance. It seems that this measure is an adequate filter to avoid any company that may have nefarious intentions.
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The need to put the health of the people before the interests of imposing high tariffs and sanctions is at its peak, but are governments really going to consider this need in relation to food and medical supplies and does international trade policy cater for this?
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A quick online search for medical malpractice in South Africa
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Publication of a comprehensive guide for both medical and legal practitioners