Posted on May 10, 2024
The Faculty of Health Sciences at the University of Pretoria recently hosted an event aimed at providing firsthand legal experience to the medical students. On Wednesday, 8th May, from 14:00 to 17:00, Prof Gert Saayman of the Department of Forensic Medicine, in collaboration with Prof. Zeelha Abdool (Chairperson, Block 11(A), MBChB program), presented a mock trial for the MBChB IV student group.
This event aimed to provide undergraduate medical students with some insight into the formalities of court proceedings, where healthcare professionals may be involved. This session was presented as a formal inquest into the death of a patient who had been admitted after having been involved in a motor vehicle accident (the case detail being drawn from a real-world scenario). The patient was stable after undergoing initial evaluation and a surgical procedure, and was then admitted to a ward for further monitoring and management.
The crux of the matter centred around the vexing problem of self-discharge and the signing of an RHT (Refuse Hospital Treatment) form: after signing this form, the patient was transported home by ambulance - but unfortunately died a few days later at home. This led to questions regarding the circumstances of the discharge, the clinical condition and cause of death - and more importantly, the prescribed hospital protocols and procedures in respect of such cases, as well as (at least some of) the professional, legal, and ethical obligations that may rest on a medical practitioner in such circumstances.
Acting as presiding judicial officer / inquest magistrate, was Senior State Prosecutor from the Dept of Justice, Adv Lorinda Gey van Pittius, assisted by two medical assessors (drawn from the postgraduate and undergraduate student body). After being sworn in, formal verbal testimony was heard from the “wife” of the deceased (convincingly done by a volunteer fourth year medical student), and from the state pathologist who performed the medico-legal autopsy. Further testimony was then heard from a medical specialist as expert witness, who detailed the prescribed hospital / professional protocols and record keeping that should be observed in such cases. These witnesses were led by Mr Jean-Paul Rudd, an experienced litigation attorney from Adams and Adams Attorneys in Pretoria. Thereafter, the evidence of the ”doctor” (yet another volunteer from the fourth-year student group!) implicated in the alleged improper management of the patient was led by Adv Salie Joubert SC, from the Pretoria Bar. All witnesses were subjected to thorough - and indeed, probing - examination, cross-examination, and re-examination (leading to some rather heated exchanges, it may be added!).
After closing arguments, the court adjourned to deliberate the matter before the presiding officer read the findings (as prescribed by the Inquest Act) into the record. To the relief of all students (and faculty in attendance), it was found that the doctor could not be held liable for the death of the patient - in this instance!
The mock trial provided a unique opportunity for medical students to experience something of the ambience and tensions of formal court proceedings and to engage and interact with experienced legal professionals - thus fostering a deeper understanding of the intersection between medicine and the law. With its success, the Faculty of Health Sciences aims to continue offering such immersive experiences to equip its students with a well-rounded education.
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