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Outcry among South African Medical Fraternity after Indian-Origin Doctor Charged with Murder

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PTI    10 October 2022

On Sunday, Dr. Avindra Dayanand, 35, handed himself over to police after one of his patients died following gallbladder surgery. However, a murder charge against the Indian-origin doctor has triggered an outcry among the South African medical fraternity, arguing that "premature criminalization" of doctors will negatively affect the ability of healthcare workers to save lives and negate the trust in the law to protect the public. An inquest docket was initially opened following the patient’s death but was later changed to murder by the National Prosecuting Authority.

Accused doctor Dayanand is expected to be tried under the concept of "dolus eventualis". Meanwhile, health professionals in South Africa are rallying behind Dr. Dayanand, questioning the state’s competence in the handling of medical cases, which experts have described as "highly complex."

Of all the organizations that have spoken out against the decision, the South African Private Practitioners Forum and the Association of Surgeons of South Africa argued that the regulatory body, the Health Professionals Council of South Africa (HPCSA), had already conducted an inquiry into the matter and its findings were awaited. These organizations called on the prosecuting authority to withdraw the charges and allow the HPCSA process to be completed.

Meanwhile, Dr. Maheshwar Naidoo, a colleague of the accused doctor, stated that Dr. Dayanand had already provided a full explanation to the HPCSA after they had received a complaint.

(Source: https://indianexpress.com/article/world/murder-charge-against-indian-origin-doctor-triggers-outcry-8199488/ )

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