SciELO - Scientific Electronic Library Online

 
vol.106 issue7The correlation between C-reactive protein and toxic granulation of neutrophils in the peripheral blood author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


SAMJ: South African Medical Journal

On-line version ISSN 2078-5135
Print version ISSN 0256-9574

Abstract

MCQUOID-MASON, D J. Public health officials and MECs should be held liable for harm caused to patients through incompetence, indifference, maladministration or negligence regarding the availability of hospital equipment. SAMJ, S. Afr. med. j. [online]. 2016, vol.106, n.7, pp.681-683. ISSN 2078-5135.  http://dx.doi.org/10.7196/samj.2016.v106i7.10722.

There have been several reports of state hospitals not having functional equipment such as radiological equipment. Where these are due to incompetence, indifference, maladministration or negligence by the public officials concerned, they may be held personally liable for the resulting harm to patients. However, the courts have often observed that where the State has been sued vicariously for the wrongs of public officials, it has not obtained reimbursement from the offending official. It has therefore been suggested that irresponsible public servants should be sued in their personal capacity (in addition to the State), to prevent taxpayers always having to pay for their misdeeds. If an individual public official cannot afford to pay all the damages awarded, the injured party can recover the balance from the State by citing it as a vicarious joint wrongdoer.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License