Are you confronted with a medico-legal threat?
We are here to assist.
Our in-house team of experienced medical and legal professionals is standing by to assess your situation and provide you with appropriate assistance and support. Where required, leading, independent legal firms that have specialist medical law practices devoted to the defence of medical case are also consulted. Each has its own established track record of excellence in the field of medical litigation, having successfully defended healthcare professionals, hospitals, and other medical service providers in civil actions for damages.
Our notification process
To notify EthiQal of a circumstance or a claim is easy. You can use our online system, send an email or speak to us directly.
ONLINE: Log into your profile at www.ethiqal.mobi, click “Register an incident” and follow the quick steps to create a record. Our claims administrator will be informed as soon as you have completed the process.
EMAIL: Send your notification to firstname.lastname@example.org. Depending on the circumstances and your reasons for notifying us, include the following incident details:
- Date of incident; patient name; name of hospital, if applicable; name of other practitioners involved; relevant case details such as diagnosis, procedure performed, clinical outcome
- If no complaint has been lodged against you, specify your reason for notifying us, for example, you may be faced with a clinical outcome that is unexpected and/or difficult to explain; you are concerned about a patient’s demeanour; you realise that you have made an error that may impact or has impacted the patient negatively
- Documentation received (for example from the Health Professions Council, a request for records, a letter of demand or summons)
- Clinical records and any other documentation relating to the treatment of the patient
PHONE: If you need urgent assistance you can contact us at 021 007 4527. Members of our medico-legal team are available to provide their support.
When should you notify EthiQal?
Notify us as soon as practical after an incident that may give rise to a claim. If you have an occurrence-based policy, it allows for good risk management, because early engagement with our medico-legal team can mitigate future risk exposures and protect the doctor in the long-term. It also ensures that adequate financial provision for the cost of any claim associated with that incident is made. Our claims-made policy requires reporting of relevant adverse events for purposes of
Not sure of what needs to be notified?
- Any indication in your own mind that the professional services you have rendered may lead to a claim or complaint in future.
- Negligent acts or omission that you commit or that are committed by contracted persons you appointed, where liability would attach to you.
- Receipt of a complaint relating to your professional services by a patient or any third party.
- Receipt of a letter of demand or a summons.
- Receipt of correspondence requesting copies of your records in respect of your services (please do not submit your records concerned prior to consulting with us).
- Receipt of any correspondence from attorneys relating to your professional services.
- Any investigations relating to your professional services.
- Allegations of any criminal conduct related to the practice of your profession.
- Any complaint that is lodged against you at a professional council (please do not submit your response to the professional council concerned prior to consulting with us as you may prejudice your defence).
Our Defence Philosophy
We believe that choosing alternative dispute resolution mechanisms, like mediation over litigation, protects the practitioner and the patient against the mental strain of unnecessary prolongation of a dispute; is more likely to achieve the best outcome for both parties; can avoid unnecessary legal fees and has the potential to restore the doctor-patient relationship.
At the same time we are committed to defending our practitioners aggressively in the courts, where this is required to clear their name. We will furthermore intervene through counter actions, where appropriate, where our doctors are victims of unethical behaviour and vexatious claims.
Are you familiar with the acts and regulations that govern the medical profession? Click to learn more:
What do the courts say? Click to learn more:
• Castell v de Greef: The case that set the rules for a legally valid informed consent
• Life Healthcare v JMS: Jehovah Witness parents refusing blood transfusion to their child