‘Over-servicing’, ‘underservicing’ and ‘abandonment’: What is the law?

Abstract

The Ethical Rules and Policy Document of the Health Professions Council of South Africa (HPCSA) do not define ‘over-servicing’, ‘underservicing’ and ‘abandonment’. The HPCSA Guidelines on Over-servicing, Perverse Incentives and Related Matters define ‘over-service’ only. The converse of this definition can be used to define ‘underservicing’. The courts do not refer to these concepts, but apply general rules regarding professional negligence and malpractice based on what a reasonably competent doctor in the same position would do. In deciding the standard to be adopted, the courts may consult the ethical rules of the medical profession, but are not bound to take them into account.