The Rights of Children Project

Medical Malpractice

What is Medical Malpractice?

Medical Malpractice has to do with a violation of your rights to INFORMED CONSENT. You have the right to choose your own treatment or no treatment.

When you visit a doctor to assist you to treat a medical condition, the doctor is bound by certain laws (South African National Health Act Section 6) to inform you fully on your rights as a patient and allows you to choose your treatment. Once you have all the information, only then can you consent to your choice of treatment.

Before INFORMED CONSENT can happen, the following must be checked for:

Was your child given a thorough medical check-up to find any underlying medical cause that would create the symptoms of hyperactivity – nutrition, vitamin and mineral deficiencies, hormone imbalances, allergies (asthma, post nasal drip, eczema), digestive disturbances, colon, leaky gut, presence of toxins that impair mental alertness, sensitivity to gluten, liver function, thyroids, adrenal glands, home environment (funguses) and anything else found handled first.

If NO medical condition is found, there should be NO medical treatment advised. Other non-medical factors that could be causing the symptoms of hyperactivity should now be investigated.

If a medical condition has been identified:

• Were the risks, consequences, advantages of the recommended treatment explained to you?
• Were the risks, side effects and advantages of the recommended medication explained to you?
• Were you given options of alternative treatment?
• Were the risks, consequences, advantages of the alternative treatment explained to you?
• Did you understand all your treatment options and were you allowed to consent to your choice of treatment?

With this information, you are now empowered to exercise your rights to be treated or not treated.

Note

If you were recommended to see a doctor and your child was diagnosed “ADHD,” the following could apply:

If “ADHD” were a brain disease, then the only qualified person to diagnose any brain diseases is a neurologist. How can a GP or pediatrician, who is not qualified in neurology, be qualified to diagnose “ADHD which is supposed to be a brain disease” and prescribe schedule 7 drugs (highly addictive and of the same class and effect as Speed and Cocaine). Such practice can constitute medical malpractice.

If you feel your rights have been violated, you have the recourse of contacting attorneys specialising in medical malpractice, who might assist you with your case.

At the request of the patient or guardian, his/her legal representative/attorney can request to verify the patient's medical documentation to ensure that the medical procedures have been followed. If the medical procedures of diagnosis are not followed, the patient or guardian can lay charges against the practitioner, upon the advice and guidance of your appointed attorney.

For guidelines on how to go about reporting medical malpractice – visit http://www.cchr.org/alternatives/right-to-be-informed.html 

Website – United Nations warning on Ritalin
www.pbs.org/wgbh/pages/frontline/shows/medicating/backlash/un.html
http://www.pbs.org/wgbh/pages/frontline/shows/medicating/drugs/stats.html 

More information on Ritalin that your doctor should also tell you for Informed Consent:

International Narcotics Control Board - http://www.incb.org/incb/search.html?q=methylphenidate