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Is it ever justified for doctors to sue their patients whose allegations against them have been dismissed by the courts or the Health Professions Council of South Africa?
S Afr Med J. 2015 Nov 09; 105(12):1010-1.SA

Abstract

Doctors should be cautious about suing their patients, because it may generate bad publicity. Where a criminal or civil case or complaint to the Health Professions Council of South Africa by a patient about a doctor's professional conduct is withdrawn or dismissed, a doctor may only sue the patient for defamation if it can be proved that the patient acted from malice, spite or an improper motive. Doctors may only sue patients for malicious prosecution or abuse of civil proceedings if such patients acted with 'malice' and 'without reasonable and probable cause'. If a doctor successfully defends a case against a patient, the court will usually order the patient to pay the doctor's costs.

Authors+Show Affiliations

Centre for Socio-Legal Studies, University of KwaZulu-Natal, Durban, South Africa. mcquoidm@ukzn.ac.za.

Pub Type(s)

Journal Article

Language

eng

PubMed ID

26792154

Citation

McQuoid-Mason, David Jan. "Is It Ever Justified for Doctors to Sue Their Patients Whose Allegations Against Them Have Been Dismissed By the Courts or the Health Professions Council of South Africa?" South African Medical Journal = Suid-Afrikaanse Tydskrif Vir Geneeskunde, vol. 105, no. 12, 2015, pp. 1010-1.
McQuoid-Mason DJ. Is it ever justified for doctors to sue their patients whose allegations against them have been dismissed by the courts or the Health Professions Council of South Africa? S Afr Med J. 2015;105(12):1010-1.
McQuoid-Mason, D. J. (2015). Is it ever justified for doctors to sue their patients whose allegations against them have been dismissed by the courts or the Health Professions Council of South Africa? South African Medical Journal = Suid-Afrikaanse Tydskrif Vir Geneeskunde, 105(12), 1010-1. https://doi.org/10.7196/SAMJ.2015.v105i12.10238
McQuoid-Mason DJ. Is It Ever Justified for Doctors to Sue Their Patients Whose Allegations Against Them Have Been Dismissed By the Courts or the Health Professions Council of South Africa. S Afr Med J. 2015 Nov 9;105(12):1010-1. PubMed PMID: 26792154.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Is it ever justified for doctors to sue their patients whose allegations against them have been dismissed by the courts or the Health Professions Council of South Africa? A1 - McQuoid-Mason,David Jan, Y1 - 2015/11/09/ PY - 2015/10/21/received PY - 2015/10/21/accepted PY - 2016/1/22/entrez PY - 2016/1/23/pubmed PY - 2016/3/22/medline SP - 1010 EP - 1 JF - South African medical journal = Suid-Afrikaanse tydskrif vir geneeskunde JO - S. Afr. Med. J. VL - 105 IS - 12 N2 - Doctors should be cautious about suing their patients, because it may generate bad publicity. Where a criminal or civil case or complaint to the Health Professions Council of South Africa by a patient about a doctor's professional conduct is withdrawn or dismissed, a doctor may only sue the patient for defamation if it can be proved that the patient acted from malice, spite or an improper motive. Doctors may only sue patients for malicious prosecution or abuse of civil proceedings if such patients acted with 'malice' and 'without reasonable and probable cause'. If a doctor successfully defends a case against a patient, the court will usually order the patient to pay the doctor's costs. SN - 0256-9574 UR - https://www.unboundmedicine.com/medline/citation/26792154/Is_it_ever_justified_for_doctors_to_sue_their_patients_whose_allegations_against_them_have_been_dismissed_by_the_courts_or_the_Health_Professions_Council_of_South_Africa DB - PRIME DP - Unbound Medicine ER -
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