The Eastern Cape department of health is introducing new measures to protect the medical records of its patients against “theft” by employees colluding with personal injury lawyers.
Since 2004 the department has paid out close to R12-billion in medical negligence claims at an average of R1-billion a year.
Most of the cases relate to problems experienced during birth, sometimes resulting in a baby being born with cerebral palsy or the mother left paralysed.
In an exclusive interview with the Daily Dispatch this week superintendent-general (SG) for health Dr Thobile Mbengashe said the department was struggling to fend off medical negligence claims in court due to records going missing.
“One of the problems we have is people inside our system stealing our files and giving these files to lawyers,” he said, adding that once the department had been issued with a notice indicating “intent to sue” they would search for the patient’s file.
“We can’t find them. But the lawyer has the record. We have to deal with that,” said the SG.
In an effort to overcome this, the department had instituted a new system to prevent the loss and theft of patients’ files.
An instruction has been issued to clinic and hospital management and staff to immediately report patients that could be considered a risk.
“Every file we know of an adverse event must be archived. It must be put in a safe place before the mother and baby have left the clinic.
“The records must be verified to find out what actually happened. This will not just be for medico-legal preparation, but it is our idea that those children need to be followed up and if there are things that need to be done by the department of health to help, we want to do those things.”
In the last two years alone, the department has paid out more than R162-million into the accounts of two attorneys who instituted cases against it.
The attorneys – Milile Mpambaniso and Zuko Nonxuba – have successfully sued the department for R107490944.90 and R55-million respectively in medical negligence claims.
Mbengashe said the money did not always fully benefit the patient.
“The lawyers take their cut. In many instances it could be 50%.
“Our belief is that when damage is done it should never be to the benefit of anybody else other than the person who has been harmed.”
He urged mothers to work closely with health officials to ensure their babies were delivered safely.
MEDICINE WITHOUT CARE: Health’s plan to stop tide of lawsuits
Since 2004 the department has paid out close to R12-billion in medical negligence claims at an average of R1-billion a year.
Most of the cases relate to problems experienced during birth, sometimes resulting in a baby being born with cerebral palsy or the mother left paralysed.
In an exclusive interview with the Daily Dispatch this week superintendent-general (SG) for health Dr Thobile Mbengashe said the department was struggling to fend off medical negligence claims in court due to records going missing.
“One of the problems we have is people inside our system stealing our files and giving these files to lawyers,” he said, adding that once the department had been issued with a notice indicating “intent to sue” they would search for the patient’s file.
“We can’t find them. But the lawyer has the record. We have to deal with that,” said the SG.
In an effort to overcome this, the department had instituted a new system to prevent the loss and theft of patients’ files.
An instruction has been issued to clinic and hospital management and staff to immediately report patients that could be considered a risk.
“Every file we know of an adverse event must be archived. It must be put in a safe place before the mother and baby have left the clinic.
“The records must be verified to find out what actually happened. This will not just be for medico-legal preparation, but it is our idea that those children need to be followed up and if there are things that need to be done by the department of health to help, we want to do those things.”
In the last two years alone, the department has paid out more than R162-million into the accounts of two attorneys who instituted cases against it.
The attorneys – Milile Mpambaniso and Zuko Nonxuba – have successfully sued the department for R107490944.90 and R55-million respectively in medical negligence claims.
Mbengashe said the money did not always fully benefit the patient.
“The lawyers take their cut. In many instances it could be 50%.
“Our belief is that when damage is done it should never be to the benefit of anybody else other than the person who has been harmed.”
He urged mothers to work closely with health officials to ensure their babies were delivered safely.
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