The Eastern Cape health department has paid out close to R12-billion in medical negligence claims since 2004 – an average of R1-billion a year.
A health portfolio committee report, tabled to the Bhisho legislature by committee chair and ANC MPL Mxolisi Dimaza yesterday, revealed that claims totalling R11.73-billion had been settled between April 2004 and March 31 this year.
Dimaza said the figure was unacceptably high and the department should urgently furnish his committee with a plan to stop the escalating number of medical negligence claims. He gave the department a month to come up with the plan.
The committee also wants to know what action is being taken against officials found responsible.
“The committee noted the strategy to manage medico-legal claims presented by the department and recommends that an implementation plan with timelines be submitted within 30 days.
“This should include a process outlining cases where the department could possibly institute investigations and disciplinary and/or criminal proceedings against officials implicated,” Dimaza told the legislature.
It has been said the department is the most sued state unit in the country, with up to 96% of claims emanating from the Mthatha region, according to state figures released late last year.
The Daily Dispatch reported in October that the claims represented the bulk of fruitless and wasteful expenditure highlighted by the auditor-general.
At the time, health superintendent-general Dr Thobile Mbengashe said a detailed strategy was in place to overcome the flood of claims built up over years.
Mbengashe said the South African market for personal injury litigation had shifted to health after the Road Accident Fund clamped down.
Senior legal services manager Mlungisi Mlambo at the time estimated final settlements at roughly half the claimed amounts.
It was further revealed that claims in the first three months of 2015-16 stood at R1.1-billion, although in the same period the department had paid out R154-million from previous years. This was more than half the R254-million between 2010 and early 2015.
Obstetrics and gynaecology cases featured high on the list of problematic clinical areas. A handful of attorneys appear to be the main initiators of the claims, including Mpambaniso Attorneys, Dayimani Sakhela Attorneys, Nonxuba Inc, ZYM Ndzabela Inc, and Bobotyana Attorneys.
Excluding Bobotyana, the other four firms had claims before court in the final quarter of last year totalling more than R300-million.
In a subsequent legislature debate on the matter, DA MPL Celeste Barker said her party “was concerned about statistics that highlight ever-increasing medico-legal litigation costs”.
“In the 2015-16 financial year, medico-legal costs amounted to R4-billion or 20% of the health budget. This year they ... consume approximately a third of our total budget,” she said.
Barker added that “this staggering sum of money” could be way better spent on “upgrading and maintenance at neglected Cinderella facilities”.
ANC MPL Nomawethu Gqiba said the party was concerned about the escalation in the amounts paid out towards these claims.
Gqiba said the department should initiate a campaign to train healthcare professionals on how to avoid committing the mistakes that led to the department being sued for negligence and malpractice.
“As the ANC, we don’t like what is happening in terms of these claims.
“It is really bad that we could be paying such huge amounts due to malpractice and negligence of our healthcare professionals.” — asandan@dispatch.co.za
EC health lawsuits balloon to billions
A health portfolio committee report, tabled to the Bhisho legislature by committee chair and ANC MPL Mxolisi Dimaza yesterday, revealed that claims totalling R11.73-billion had been settled between April 2004 and March 31 this year.
Dimaza said the figure was unacceptably high and the department should urgently furnish his committee with a plan to stop the escalating number of medical negligence claims. He gave the department a month to come up with the plan.
The committee also wants to know what action is being taken against officials found responsible.
“The committee noted the strategy to manage medico-legal claims presented by the department and recommends that an implementation plan with timelines be submitted within 30 days.
“This should include a process outlining cases where the department could possibly institute investigations and disciplinary and/or criminal proceedings against officials implicated,” Dimaza told the legislature.
It has been said the department is the most sued state unit in the country, with up to 96% of claims emanating from the Mthatha region, according to state figures released late last year.
The Daily Dispatch reported in October that the claims represented the bulk of fruitless and wasteful expenditure highlighted by the auditor-general.
At the time, health superintendent-general Dr Thobile Mbengashe said a detailed strategy was in place to overcome the flood of claims built up over years.
Mbengashe said the South African market for personal injury litigation had shifted to health after the Road Accident Fund clamped down.
Senior legal services manager Mlungisi Mlambo at the time estimated final settlements at roughly half the claimed amounts.
It was further revealed that claims in the first three months of 2015-16 stood at R1.1-billion, although in the same period the department had paid out R154-million from previous years. This was more than half the R254-million between 2010 and early 2015.
Obstetrics and gynaecology cases featured high on the list of problematic clinical areas. A handful of attorneys appear to be the main initiators of the claims, including Mpambaniso Attorneys, Dayimani Sakhela Attorneys, Nonxuba Inc, ZYM Ndzabela Inc, and Bobotyana Attorneys.
Excluding Bobotyana, the other four firms had claims before court in the final quarter of last year totalling more than R300-million.
In a subsequent legislature debate on the matter, DA MPL Celeste Barker said her party “was concerned about statistics that highlight ever-increasing medico-legal litigation costs”.
“In the 2015-16 financial year, medico-legal costs amounted to R4-billion or 20% of the health budget. This year they ... consume approximately a third of our total budget,” she said.
Barker added that “this staggering sum of money” could be way better spent on “upgrading and maintenance at neglected Cinderella facilities”.
ANC MPL Nomawethu Gqiba said the party was concerned about the escalation in the amounts paid out towards these claims.
Gqiba said the department should initiate a campaign to train healthcare professionals on how to avoid committing the mistakes that led to the department being sued for negligence and malpractice.
“As the ANC, we don’t like what is happening in terms of these claims.
“It is really bad that we could be paying such huge amounts due to malpractice and negligence of our healthcare professionals.” — asandan@dispatch.co.za
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