The Medical and Dental Professions Board on Thursday expressed concern over the arrest of two doctors following the death of 10-year-old Zayyaan Sayed after they operated on him.
Peter Beale and Abdullhay Munshi were arrested this week for culpable homicide and released on bail of R10,000 after appearing in the Johannesburg Magistrate's Court. They have also been suspended by the Health Professions Council of South Africa (HPCSA).
"The Medical and Dental Professions Board under the ambit of HPCSA strongly believes that any death that is as a result of a duty of care by a healthcare professional should not be subjected to criminal proceedings before the proceedings in terms of the Inquest Act are concluded," the board said.
"Therefore, the death of a person as a result of undergoing a procedure of therapeutic, diagnostic or palliative nature should be dealt with differently from other unnatural deaths."
The board added that if the legal approach were followed as in this case, it was concerned that medical doctors would let patients die naturally rather than risk intervention for the fear of being criminally prosecuted.
"While the board respects rights of individuals to institute criminal proceedings against healthcare practitioners, the board calls upon the legal authorities to exercise due diligence in terms of the laws of the country in dealing with [the] death of persons undergoing a procedure of therapeutic, diagnostic or palliative nature."
Picture: Dr Beale
- African News Agency (ANA)
