Few matters cut deeper into the pockets of both individuals and businesses than healthcare costs. Medical scheme fraud, reported to be widespread, has added substantially to these costs, as has the onslaught of HIV/Aids. Legislative change has also been dramatic in the healthcare industry, resulting in a rash of disputes over dispensing fees, medicine pricing and the advertising of health products.
In this context, the firm is at the cutting edge of legal developments in the health, pharmaceutical and life sciences sectors. For instance, the Werksmans Health, Pharmaceutical & Life Sciences team has helped to clamp down on fraudulent medical claims by representing medical schemes and administrators acting against erring healthcare service providers. We have also assisted employers in implementing workable, cost-effective HIV/Aids workplace programmes.
The diversified knowledge of the team is complemented by in-depth insight into South Africa’s evolving legislative and regulatory environment. This includes the black economic empowerment requirements of the Health Charter and the legal implications of the National Health Act and Consumer Protection Act. Other sought-after skills areas include professional negligence and product liability matters, licensing, distribution agreements and compliance with clinical trials regulations.
Expertise in these fields is sharpened by extensive international involvement, which includes representation at the World Congress on Medical Law, the World Association of Medical Law and the World Congress on Public Health Law & Ethics. Team members are often speakers at local and global conferences, covering topics ranging from stem cell research and euthanasia to traditional African medicine.
HEALTH, PHARMACEUTICAL & LIFE SCIENCES SERVICES
Interpretation of regulations and legislation
Compliance matters in respect of medicines, pharmaceuticals and medical devices
Black economic empowerment in relation to the Health Charter
Professional negligence by health professionals
Constitutional and administrative law issues affecting pharmaceuticals and healthcare provision
Advice on the implementation of HIV/Aids workplace policies
Advice on cutting edge legal issues such as biotechnologies, medical ethics, organ donation, stem cell research and therapy, cloning, complementary and alternative medicine, and genetic testing and coding.