Child Health, Ethics and Justice Champion Earns LLM in Medical Law
Paediatrician and Head of the Division of Community Paediatrics at the University of Witwatersrand (Wits) School of Clinical Medicine, Dr Shuaib Kauchali graduated with a Master’s in Medical Law.
‘I’ve always been curious about the “why” behind things – not just in Medicine, but in how systems work (or don’t work). Over the years, I kept seeing cases in paediatrics and public health where clinical decisions turned into legal or ethical headaches and I found myself asking: “Is this just a policy failure? A human error? Or is there a deeper legal principle at play?”,’ said Kauchali.
This curiosity became conviction leading Kauchali to research the topic in his study titled: “Criminalising Medical Harm: Should Medical Professionals be Subjected to Criminal Prosecution if Patients are Harmed during Medical Treatment?”.
Supervised by Dr Suhayfa Bhamjee, the dissertation explored whether medical professionals in South Africa should be held criminally liable when patients suffer harm – particularly when negligence is involved.
‘For too long, there’s been a perception that doctors operate outside the reach of the criminal justice system, even when avoidable harm occurs. My research challenged that idea,’ said Kauchali.
‘The hardest part was confronting how blurred the lines can be between honest error, gross negligence, and system-level failure. But I remained passionate because, at the core, this is about justice. Not just for professionals but for patients and their families. If we want a fair and trusted health system, we need legal mechanisms that acknowledge harm and ensure accountability, not just professional protection.’
Kauchali added that obtaining this qualification is already influencing how he approaches clinical dilemmas, especially in paediatrics, emergency care, and health system design.
‘I didn’t pursue this degree to add a qualification to my name. I did it because I believe we can build a health system and a country that works for everyone, especially our children. Whether I’m supporting colleagues with ethical decisions about resource constraints or advising on policy around child protection, I can offer guidance that’s both clinically informed and legally sound. It’s also allowed me to contribute more meaningfully to national committees and postgraduate education and has strengthened my ability to think systemically and advocate for fairness in healthcare – both for patients and for professionals.’
Words: Thandiwe Jumo
Photograph: Sethu Dlamini
