Patients are using their rights

More medical malpractice claims in health institutions

THERE has been a dramatic increase in the number of medical malpractice claims as patients are more educated about their rights. Last year, 1 934 claims were made, and over 360 have been made in the current financial year.

In response to a parliamentary question, Health Minister Aaron Motsoaledi said the department paid R391.32 million in medico-legal claims in the 2015/2016 financial year.

The most common reasons for claims included maternity and obstetric claims‚ as well as orthopaedic and cerebral palsy claims.

An associate at DSC attorneys, Tom Cockcroft, said people were more aware of their rights in terms of medical care.

“As a consumer, you consume a medical service. It’s a service like any other and you are entitled to hold the providers accountable. There has been a shift from the culture of people accepting when a doctor has done wrong.”

He said there were a number of factors driving people to come forward.

“The burden on the state facilities plays a role in this. A number of the staff at state facilities are overworked and the support available is not what it should be.”

For a claim to be successful, Cockcroft said, there had to be proof that harm was suffered.

“There has to be a plausible link. The