GOV’T FACES P670M MEDICAL LAWSUITS
Ministry of Health dragged before court more than 300 times Neonatal, under 5 child care complaints at P189 million Ministry cannot say how many staff were called to account Those implicated reported to Botswana Medical Council
The Ministry of Health and Wellness has been slapped with 300 individual lawsuits for medical negligence in public health facilities, since 2015 to date, bringing the total cost of lawsuits instituted against Government at a whopping P670 million.
Assistant Minister of Health and Wellness, Sethomo Lelatisitswe recently made this revelation in Parliament when he was responding to a question on the amount that Government had spent on medical negligence lawsuits.
“These are claims. The total fees that have been paid to litigants by government through the Ministry in the last five years amount to P31 500 479, for cases that have been concluded.” Other cases according to Lelatisitswe are still at different stages of adjudication by the ministry and the courts.
He added that the budget for these suits is taken from the Ministry’s coffers, and the amounts are held under the custody of the Attorney General Chambers.
Lelatisitswe however, did not expound on the cases, and failed to explain whether the implicated medical personnel in the cases were brought to book, nor did he clarify the period it had taken for Government to administer payment for each case.
When breaking down the thematic areas and figures for the lawsuits and complaints officially registered by the Ministry, Lelatisitswe noted that complaints of general services were pencilled at a little over P133 million; complaints of surgical and injury related services at P97 million; complaints alleging that negligence led to the death of patients were a little over P122 million; complaints of obstetrics and gynaecology services stood at roughly P96 million, while the complaints of neonatal and under five child care services stood at roughly P189 million. He further told Parliament that to avoid hemorrhaging public coffers, upon conclusion of cases, stakeholders assess where gaps are with a view to close gaps and apply remedial action. He explained that in some cases staff is sent for further training. Lalatisitswe added that all medical staff employed by the ministry is registered with the Botswana Medical Health Council, therefore cases of negligence are reported at the Council, where appropriate action is taken. Depending on the extent of the negligence, Lelatisitswe said some are warned, while others are dismissed from employment.
Most recently, a widely publicised case in which a certain woman of Mochudi, Gofaone Medupe-Jonas won P400 000 from Government in a matter heard before the Court of Appeal, is an indication of the challenges that many Batswana go through to ensure justice is served and truth prevails.
Medupe-Jonas, who was represented by Kewagamang Legal, supported by the Southern Africa Litigation Centre, had sued the Ministry of Health and Wellness, claiming damages for medical negligence and lack of proper post-operative care, after she underwent a surgical procedure for the removal of her womb in 2012. She had subsequently experienced leaking of urine after the procedure, which affected her day-to-day life, and brought on personal depression and trauma, as well as other gynaecological related ailments on account of a wound she suffered during the operation.
The case only took cause of action after three years, and finally, a decade later, after appealing a previous ruling in which the presiding Judge argued that Medupe-Jonas had taken too long to institute action for the claim, the appellant’s matter was reinstated and last month, the courts ruled in her favour.
In 2021, civil society through the African Peer Review Mechanism raised concerns about the high number of women who die due to excessive bleeding, obstructed labour, uterine rupture and hypertensive disorders under obstetrics and gynaecology services in public facilities.
They highlighted that 98 percent of the deaths occur in health facilities, meaning they may have been prevented had the facilities been properly resourced with knowledgeable staff and emergency obstetric care procedures.
Research conducted revealed that the factors leading to the high number of maternal deaths include: failure to recognise the seriousness of a patient’s condition; lack of knowledge; failure to follow recommended practice; lack of or failure to implement policies; and poor organisational arrangements.