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Possible MPS eviction 'an unmitigated disaster' - patient litigator

Chris Bateman1

  • 1HMPG. chrisb@hmpg.co.za.

South African Medical Journal = Suid-Afrikaanse Tydskrif Vir Geneeskunde
|November 18, 2010
PubMed

Insights

Patient advocate Mervyn Joseph warns that removing the Medical Protection Society (MPS) would harm patients and doctors. He prefers litigating against the financially stable MPS rather than inexperienced insurers.

Area of Science:

  • Medical Law
  • Healthcare Policy
  • Patient Advocacy

Background:

  • The Medical Protection Society (MPS) provides vital indemnity for healthcare professionals.
  • Patient litigators often engage with the MPS in legal disputes.
  • The financial stability and professional conduct of indemnity providers are crucial for healthcare.

Purpose of the Study:

  • To analyze the potential impact of removing the MPS from the healthcare indemnity market.
  • To evaluate the risks associated with less experienced or under-funded indemnity providers.
  • To present the perspective of a prominent patient litigator on healthcare indemnity.

Main Methods:

  • Expert opinion and legal case analysis from a leading patient litigator.
  • Discussion of hypothetical scenarios regarding market changes in healthcare indemnity.
  • Examination of a current case involving insurer's contractual obligations.

Main Results:

  • Forcing the MPS out is predicted to be an 'unmitigated disaster' for patients and doctors.
  • Litigating against the MPS is preferred due to its professional conduct and financial reserves.
  • A risk of market flooding with inexperienced and under-funded indemnity providers is highlighted.

Conclusions:

  • The MPS plays a critical role in ensuring stable and professional healthcare indemnity.
  • The departure of established providers like the MPS could destabilize the market.
  • Protecting patients and doctors requires robust, financially sound indemnity providers.

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