Patients treated on floor may have a case

DOES being treated while lying on the floor of a hospital constitute medical negligence? Does it infringe on a patient’s constitutional right to quality health care? We asked a number of legal experts.

The family of Surietta Vorster opened a case of culpable homicide and medical negligence, saying she had been discharged prematurely from the Steve Biko Academic Hospital in Pretoria to make her bed available for another patient. She died 24 hours later at her parents’ home.

Vorster’s kidney had been removed and she died of an infection.

The hospital denies she was discharged prematurely, saying she insisted on going home.

Lawyer Jean-Louis La Grange, of Adams and Adams Attorneys, said a shortage of beds on account of unforeseen circumstances did not necessarily constitute negligence.

“If a shortage of facilities is on account of a negligent lack of maintenance or inadequate planning or response to a particular situation, the state may be liable for claims by patients affected,” he said.

Adele van der Walt, who is a medical lawyer, said a shortage of beds was a reality in developing countries and the causes should be investigated.

She was aware that at some state hospitals in Mpumalanga, women gave birth on the floor because of overcrowding.

While sympathising with Vorster’s family, she said it was imperative to have concrete evidence that there was neglect.

“If I have a right and it has been violated, I can sue the state only if I have suffered damages. One must provide substantial evidence that shows there was a direct failure to do something about his or her health. They have to prove that their health deteriorated as a result of not having a bed.”

Attor ney Ronald Bobroff said it was his “professional” opinion that any patient who suffered adverse consequences because he or she was refused admission to a state health care facility due to a shortage of beds or was discharged prematurely, would have a valid claim. Dependants of a breadwinner who died for such reasons would also have a claim.

Source: South African Human Rights’ Commission