Health lawsuits top R10bn
LAWSUITS instituted against the provincial Department of Health in the 2015/16 financial year have reached a staggering R10 billion.
The department is being sued for medical negligence and damages to patients during medical treatment, and also failure to pay suppliers.
In 2013/14 complainants had gone to court to demand a total of R1 billion from the financially strained department. It shot up to R4.09 billion the next year and the figure for 2015/16 is R10.06 billion.
Responding to the provincial standing committee on public accounts at the provincial legislature in Pietermaritzburg this week, the department said the lawsuits were also as a result of alleged professional misconduct, collisions, supply chain management issues, breach of contract, lease matters and labour issues.
“These claims are an indication that there exists a weakness in the service delivery system as well as compliance to prescripts and policies, resulting in a year-on-year increase in the number of claims as well as an increase in the amount being claimed,” said the department.
Durban lawyer Michael Friedman said a case could cost the department up to R20 million.
Friedman said one out of nine cases his company handled that was settled in 2014 cost the department R3.9 million. The case was about the loss of a limb.
He said three damages cases from last year, which involved cerebral palsy, where a baby sustained brain damage during the birth process, cost between R12 million and R20 million, “depending on (patient) life expectancy”.
He said this year he was dealing with seven cases whose settlement would be up to R23 million.
“We have about 10 cases that have been to court but adjourned for various reasons and still have to be finalised.
“We have to date not lost a case in court, although we have withdrawn in a number where the claimant’s prospects of success were poor,” he said.
Friedman said to fight a negligence lawsuit could cost the government up to R400 000 in legal costs.
“A damages case is much higher because sometimes you have 20 witnesses. The cost might be up R900 000.
“It is better to settle out of court than go to court because costs are enormous. The problem is that the department doesn’t deal with them until the day of the trial. They run up cost recklessly,” he said.
Health MEC Sibongiseni Dhlomo had previously blamed the overwhelming number of lawsuits on “unscrupulous” lawyers who camped outside hospitals or put up adverts.
Friedman said camping at hospitals was illegal and punishable by the Law Society.
“We are legitimately allowed to advertise on the radio, TV and in newspapers.
“The attorney is legally allowed to advertise his services like anyone else,” he said.
Dhlomo told the committee he was also frustrated about the supply chain’s failure to pay suppliers.
The department said it could not respond to a list of questions sent to it yesterday morning.