The increasing scrutiny of clinical decision-making in high-stakes medical environments resulting in medico-legal issues, motivated Dr Okuhle Hanisi, anaesthetist and medical Registrar at the University of Stellenbosch, to pursue a Master of Laws (LLM) in Medical Law.
“As an anaesthetist, I am routinely involved in complex, time-sensitive care where outcomes are not always predictable. I became interested in understanding how the law interprets adverse clinical outcomes, especially in cases where practitioners, particularly doctors, face criminal liability in their line of work,” said Hanisi.
The title of Hanisi’s study, supervised by Professor Sheetal Soni, was: ‘Criminalising Clinical Medicine: Is it Appropriate to Charge a Medical Practitioner Performing Their Clinical Duties with Murder over a Death of a Patient?’ The research highlighted the risks of over-criminalisation in healthcare and argued for a more balanced and principled approach that protects patient rights while recognising the complexities and systemic pressures inherent in clinical practice.
Said Hanisi, “My research explored whether it is appropriate to criminally charge medical practitioners for patient deaths occurring in the course of clinical care. This curiosity evolved into a desire to formally explore whether the criminalisation of medical practice is justified and appropriate within the South African context… and that is how my master’s dissertation topic came about.”
The study examined the legal principles governing culpability, comparing South African and United Kingdom approaches and interrogated the ethical implications of criminalising medical error.
His research found that while accountability was essential, the use of criminal law should remain a measure of last resort (ultima ratio). “A more context-sensitive, systems-aware approach is needed, one that recognises factors such as resource limitations, team-based care, and the inherent uncertainty of medicine.”
With a successful career both as an academic and practising medical practitioner, Hanisi says this qualification equips him with analytical tools to interpret legal principles, contribute meaningfully to policy discussions, and advocate for fair and context-sensitive approaches to medical accountability.
“In the long-term, it positions me to contribute to both clinical practice and legal scholarship, particularly in areas involving patient safety, professional regulation, and healthcare policy.
Said Hanisi: “This is a worthwhile qualification because it equips professionals, particularly those in high-risk fields like Medicine, with the ability to engage critically with the legal systems that govern their practice. In an era where medico-legal issues are increasingly prominent and costing the health department millions, this knowledge is invaluable.”
Words: Thandiwe Jumo
Photograph: Sethu Dlamini