Patients suing Mthatha hospitals for more than R3bn over negligence

THE Mthatha Hospital Complex is being sued for more than R3-billion in medical negligence cases.

From April last year to March this year, more than 60 cases have been filed for issues like brain defects, epilepsy, infantile epilepsy, hemiplegia, lost vision, cerebral damage and accidentally cutting a baby’s face.

The cases have been filed against Mthatha Regional, Nelson Mandela Central and Bedford Orthopaedic hospitals.

It was reported earlier this month that the Eastern Cape Department of Health had paid out close to R12billion in medical negligence claims since April 2004 and March 31 this year, an average of R1-billion a year.

The latest litigation statistics reveal that most of the lawsuits range in value from R15-million to R20-million, the highest amount claimed being R32-million.

More than half the cases have been filed against Mthatha Regional.

Eastern Cape Health MEC Phumza Dyantyi has called the matter a “nightmare that keeps me wide awake at night”.

Last week, she launched a neo-natal unit at Mthatha Regional Hospital which, she hoped, would decrease medical negligence claims against the hospital.

Dyantyi said a digital registration system had been implemented to counter the theft of patient files.

Following seminars on dealing with the escalating number of litigation cases, it was decided last year to call in a health ombudsman as a middleman before such matters went to court.

Dyantyi accused unscrupulous lawyers – who at times got the lion’s share of a payout – of using the department as a cash cow.

“At times we cannot defend ourselves because [patient] files have been stolen, [and] the patient has already been coerced not to listen to us,” the MEC said.

If health department staff were found to have been negligent, they were dealt with.

Komani-based lawyer Milile Mpambaniso was earlier this month struck from the roll of attorneys after being convicted on 28 counts of Road Accident Fund (RAF) fraud.

The Grahamstown High Court ruled earlier this month that Mpambaniso was not a fit and proper person to practise as an attorney.

In one case, he had taken 84% of a disabled client’s RAF damages award as his fee.