Public health lawsuits hit R10bn in Gauteng
Strategy to stem hospital negligence and improve record-keeping
MEDICAL lawsuits at the Gauteng Health Department have skyrocketed to more than R10 billion, making them the leading cause of legal claims against the department.
The department has seen an increase in legal claims from R-8.9bn to R-13.1bn from April 1, 2014 to March 31, 2015, according to the department’s annual report tabled in the legislature on Friday.
Department spokesman Steve Mabona said there were currently about 1 780 medico-legal claims, which are at various stages of pleadings in court and go as far back as 2010.
Medico-legal claims rose from R-6.566bn to R-10.1bn.
“The majority of the cases arise from Chris Hani Baragwanath, Tembisa, Charlotte Maxeke and Pholosong hospitals. To remedy this, retired Judge Neels Claassen has been appointed to assist the department and meet clinical managers and health professionals to give advice on record-keeping and identification of potential claims,” Mabona said.
Earlier this month, it was revealed that the department had paid R544 million for medical claims since January 2010. The province’s Health MEC, Qedani Mahlangu, said 168 cases had been lost in court, with eight cases settled out of court.
Last month, the high court in Joburg awarded Brenda Mavimbela R-13.1m for medical negligence at Far East Rand Hospital which left her young daughter brain damaged in 2010.
Significantly, however, the R10.1 bn is the maximum potential liability.
“It is unlikely to be ordered by the courts. Some of the claims may be frivolous or will not stand up to scrutiny. Nevertheless, the huge jump in the past year is of great concern,” DA MPL Jack Bloom said.
Mabona said a legal audit was under way to determine whether the settled claims had reached the intended recipients and catered for their needs. “Until the audit is finalised, it is difficult to confirm whether there is any inflation in claims by lawyers,” Mabona added.
“Civil claims went up from R-855m to R1. 502bn, while claims from the premature termination of contracts remain at R1. 508bn,” Bloom said.
The department disputed that it had claims from premature termination of contracts. The civil claims also include an amount of R-1.263bn owed to the National Health Laboratory Service (NHLS). But it is listed as a contingent liability as the investigation into to NHLS’s billing irregularities is still continuing.
“I hope the department adheres to its announced intention to upgrade its litigation strategy,” Bloom added.