Legal experts to audit medical-negligence lawsuits

Gauteng Health Department has paid out R796m, with further claims totalling R1.62bn

THE GAUTENG Department of Health has appointed a team of legal experts to perform an audit of medical-negligence matters.

It was revealed yesterday that the department had paid out R796 million since January last year for medical negligence and faces 124 further claims in court amounting to R1.62 billion in total.

This was disclosed in a written reply by Health MEC Qedani Mahlangu to questions posed by DA MPL Jack Bloom in the legislature.

According to Mahlangu, R363m has been paid so far this year for 73 medical-negligence claims, with R433m paid out last year.

The department had been involved with 1 716 court cases concerning medical negligence in the past five years. Of these, 121 had been paid out and nine defended successfully, eight of which were through mediation.

Bloom said: “I am astounded by the huge amount of money paid for medical negligence and the enormous potential liability for further claims. Many of these cases happened some years ago, but every effort must be made to ensure that quality care in our hospitals curbs medical negligence as much as possible.”

Mahlangu said the department had introduced a mediation process to deal with matters that were “not defendable” in order to settle out of court.

She added that there was ongoing training of nurses and doctors, and monthly monitoring of births in each hospital.

Bloom said particular attention was needed to improve care in maternity wards as court-ordered damages could be as high as R30m for a brain-damaged child.

“The key issue is prevention, as no amount of money can compensate for the lifelong suffering of injured patients and their families,” he said.

Medical negligence isn’t the only problem for the department, though.

Despite Mahlangu expressing her delight yesterday over her department obtaining an unqualified report from the Auditor-General for the 2015/16 financial year, it also emerged earlier this week that the department hadn’t spent R473m of its budget in the same financial year ending in March.

This was revealed at a presentation by the department at the legislature’s health committee.

The largest underspend was R194m for district health services, which was incurred due to the delay in the release of invoices for the National Health Laboratory Services; and R93m for building and equipment was also not spent, which Bloom said was blamed on a delay in the approval of plans.

Emergency management services failed to spend R59m due to the delay in filling vacant posts and reduced usage of private ambulances as a result of newly procured ambulances.

Other underspends were R86m for provincial hospital services and R36m for healthcare-support services.

“These underspends were partially balanced by a huge overspend of R152m in the households category, said Bloom.