Medico-legal claims headache for the state
Cases running into millions involve loss of use of limbs, cerebral palsy
IN THE past four years, the National Department of Health has coughed up R23.6 billion in medico-legal claims across the country while in the Western Cape, 270 claims have cost a whopping R501 million and R34m for legal costs.
This is just the tip of the iceberg as medico-legal battles continue at the Supreme Court of Appeal (SCA) and Western Cape High Court involving mass claims of gross negligence, misdiagnosis and specifically cases relating to obstetrics and gynaecology where infants were left with cerebral palsy and women with medical complications and conditions after birth.
In one matter, a 16-year-old girl and her family from Saldanha are taking on the Health Department, asking for damages of R9749465, claiming she had lost significant hearing and had to be taught sign language and will wear a hearing aid for the rest of her life.
The claim is that due to the administration of Amikacin, an antibiotic used to treat bacterial infections at the Red Cross War Memorial Children’s Hospital, the child who was between the ages of two and three years began suffering side effects leading to a loss of hearing.
She had symptoms of gastrointestinal fistulae and multiple perforations of the small bowel and underwent a laparotomy, and was placed on intravenous Amikacin therapy to treat tuberculosis.
The matter has since received acceptance by the State and is now proceeding with an outcome, according her lawyer, Tzvi Brivik, director at Malcolm Lyons and Brivik Inc, attorneys who specialise in personal injury and labour law.
Another is Kader September, 48, a vendor from Clarke Estate, Elsies River, who became a paraplegic in 2013 and is asking the Health Department for R10 860 000 in damages, claiming that the Elsies River Community Health Centre and the Neurological Department at Tygerberg Hospital had neglected to offer professional care, and arrange follow-up consultations and treatment while he suffered complaints of lower back pain, leading down to his hip and right leg, and that after postoperative treatment he suffered paralysis to his lower limbs and lost control of his bowel and urination. His matter is still under litigation, Brivik said.
According to Brivik, such cases were just a drop in the ocean for the Western Cape. Brivik furnished Independent
Media with their court documentation.
“In the matters of the child, it has been accepted, and we are still litigating the matter of September. We have a number of cerebral palsy cases which arose due to traumatic birth and this means treatment for life.
“Many are obstetrics and gynaecological cases. If the child is injured, the damages are significant and the child will require care for life and the parents would require assistance for their care.”
Michele Clarke, DA’S spokesperson on health, said via a parliamentary question that the party could reveal that R23.6 billion had been paid in medico-legal claims across the country between January 2020 to December 2023.
She the legal costs for these cases totalled a further R1.3bn. “This figure is staggering, especially considering the widespread shortages of healthcare funding across our provinces,” she said.
In the Western Cape, Dwayne Evans of the provincial Health Department, said that between January 1, 2020, and December 31, 2023, 267 claims were filed and 124 settled with a final court order. Evans said via documentation provided that legal costs amounted to R34m while claims totalled R501m.
Clarke said a total of 3 522 claims were filed in places such as Limpopo which had a quarter (903) of claims, followed by KZN with over a fifth (779). “Also notable is the omission of the Eastern Cape’s figures, as the province is still verifying its figures,” she added.
Foster Mohale of the National Department of Health and Minister of Health Dr Joe Phaahla’s office was also approached for comment but did not respond. He said earlier that the medico-legal crisis continued to pose a challenge to many provincial departments.