Healthcare

In South Africa, the private and public healthcare sectors exist alongside each other, with the public health system serving the majority of the population. The challenges to provide reasonable access to healthcare services to South Africans, and the related regulatory and legal matters that arise, require legal insight and expertise to steer stakeholders in the healthcare sector in the right direction.

As the country continues to prepare for the proposed National Health Insurance Scheme (NHI) to satisfy the increasing demand of access to equitable healthcare for all, affected stakeholders are also dealing with the possible implications of NHI. Our team of healthcare lawyers provides expertise and is at the cutting edge of legal developments in the South African healthcare sector.

Our extensive track record spans across advising hospital groups, pharmaceutical manufacturers, wholesalers, pharmacists, specialist medical associations, professional indemnity insurers, switching companies, medical device manufacturers, managed healthcare organisations, medical schemes, and biotechnology companies.

Complemented by our deep industry knowledge across the African continent, we offer clients a full-service, multidisciplinary offering in the healthcare sector with services ranging from litigation, commercial transactional advice and advice on healthcare regulatory law, consumer protection law, privacy and the protection of personal information law, and environmental law.

We also advise the South African private healthcare sector extensively on all matters pertaining to healthcare regulatory law, including the application of the provisions of healthcare-related legislation, most notably, the National Health Act No. 61 of 2003, the Medicines and Related Substances Act No. 101 of 1065, as amended, the Medical Schemes Act No. 131 of 1998, as amended, and the Promotion of Administrative Justice Act No. 3 of 2000.

Our team of healthcare lawyers are also widely experienced in administrative law reviews and litigation in general. The team’s expertise is further sharpened by extensive international involvement in healthcare-related litigation, regulatory and commercial matters across Africa and internationally, and in international fora including the International Bar Association.

Some of our significant matters include matters dealing with:

  • Medical devices
  • Alternative reimbursement models for pharmaceuticals
  • Medical scheme contracts
  • Managed healthcare
  • The administration of medical schemes
  • Professional healthcare associations including the Hospital Association of South Africa, the Dialysis Association of South Africa, the Podiatry Association of South Africa and the South African Medical Association
  • Hospitals and health establishments
  • The national health insurance scheme
  • Veterinary medicines and animal health
  • Complementary medicines and health supplements
  • Healthcare insurance
  • Telemedicine
  • Tenders and administrative reviews
  • Consumer protection law
  • Privacy laws in a healthcare context

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