Medical payouts soar

IN THE past four years, the National Department of Health has coughed up R23.6 billion following medico-legal claims across the country, while in the Western Cape 270 claims have been paid with a whopping R501 million price tag and R34m for legal costs.

This is just the tip of the iceberg as medico-legal battles continue at the Supreme Court of Appeal 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 totalling R9 749 465, claiming she had lost significant hearing and had had to be taught sign language and will wear a hearing aid for the rest of her life.

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 claimant 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. He claims that the Elsies River Community Health Centre and the Neurological Department at Tygerberg Hospital had neglected to offer professional care, 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 post-operative treatment he suffered paralysis to his lower limbs and loss control of his bowel and urination.

His matter is still under litigation, Brivik said.

According to Brivik, who spoke on behalf his clients, such cases were just a drop in the ocean for the Western Cape.

Brivik furnished the Weekend Argus with their court documentation.

“We have a number of cerebral palsy cases which arose due to traumatic birth and this means treatment for life.

“A mother is told to sit somewhere during childbirth or to wait and they are left to deliver by natural labour and caesarean is not being offered, which should be an option in some cases.”

Michele Clarke, DA health spokesperson, reacted to the R23.6bn that had been paid following medico-legal claims.

“This figure is staggering, especially considering the widespread shortages of healthcare funding across our provinces.”

In the Western Cape, Dwayne Evans of the Provincial Health Department revealed that between January 1, 2020, and December 31, 2023, 267 claims had been filed and 124 were settled with a final court order.

Evans said via documentation provided that legal costs amounted to R34m while claims totalled R501m.

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.

MAINSTREAM hospitals, day hospitals and clinics should have one thing in common. The adequate care and treatment of each patient that walks through its doors.

Yet, this is not the case as thousands of medico-legal claims costing the taxpayer billions have been brought against the national and provincial departments of health for gross negligence and misdiagnosis.

Many cases involve obstetrics and gynaecology where infants were left with cerebral palsy and women with medical complications after birth.

In one instance, an antibiotic administered to treat a bacterial infection in a child at Red Cross War Memorial Children’s Hospital caused several complications, worst of all hearing loss. The child’s family is suing the department for damages of around R9 million for significant hearing loss. The girl now needs to be taught sign-language and will wear a hearing aid for life.

Several cerebral palsy cases are also before the courts due to traumatic birthing experiences. All too often we report on expecting moms who are told to sit and wait somewhere during labour and sooner than rather they deliver outside the hospital, on the pavement or in a taxi on the way home.

Nationally, the Department of Health has paid R23.6 billion in medico-legal claims over the past four years. In the Western Cape, 270 claims were finalised at a cost of R501m between 2020 and 2023. Legal costs amounted to R34m in the province and R1.3bn nationally. Records show of 3 522 claims filed nationally, Limpopo had 903 claims and KwaZulu-Natal 779. Worryingly, statistics from the Eastern Cape were not available but officials say it often has the most medico-legal claims. KwaZulu-Natal paid out the most at R8.67bn, the Free State R2.48bn and Gauteng R1.89bn.

In terms of legal costs per province, Gauteng spent R634m, followed by KZN at R328m and Mpumalanga R224m.

Michele Clarke, the DA’s spokespeson on health, is correct when she points out in a parliamentary question that these figures are “staggering”.

As a nation battling with poor service delivery and widespread corruption the least we can expect is a basic health-care service and not to be left injured or with life-altering complications by the very institution meant facilitate healing and recovering.