Health Minister Aaron Motsoaledi says as the cost of medico-legal claims were more than R1.1 billion in 2024, the provincial health departments have spent a collective R615m on legal costs and R1.1 billion on claim payments. .
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Minister Aaron Motsoaledi has disclosed that the cost of medico-legal claims has exceeded R1.1 billion since April 2024 alone.
This alarming figure is part of a broader trend, with the cumulative costs breaching R6.1 billion between 2019 and 2023.
This came to light in responses by Motsoaledi to parliament questions from DA MP Michele Clarke.
Motsoaledi said the cost of the medico-legal claims from April 2024 to date totalled R1 106 972 117,65.
Of this amount, Gauteng has notched up R421m followed by the Eastern Cape with R306m and Western Cape R128m while Northern Cape recorded a mere R2.1m during the same period.
He also said the overall cost in medico-legal claims stood at more than R6.1 billion in the period between 2019 and 2023.
Motsoaledi gave the breakdown for medico-legal claims cost per year as follows:
The minister disclosed that at least 1652 medico-legal claims have been filed with 1131 being from the Eastern Cape. Limpopo recorded 174 and Mpumalanga 114.
Motsoaledi observed that a total of 277 cases have been paid either in full or in part, or have had payments directed towards equipment and services by the provinces.
“Of these, 201 involved obstetric incidents resulting in the following 174 neonatal encephalopathy and cerebral palsy; 17 involving early neonatal or child deaths; five involving maternal deaths; two involving child injuries; two involving child blindness; and one involving child bacterial meningitis.”
Motsoaledi acknowledges that many of the obstetric cerebral palsy issues may arise from a combination of factors including inadequate monitoring, failure to adhere to medical guidelines, limited resources, and insufficient staff training.
The minister also disclosed that there were 27 general surgical errors claims and nine orthopaedic cases.
“There were also 38 general medicines claims involving the mismanagement and misdiagnosis of patients. Furthermore, there was one dental claim and one forensic claim,” he said.
Motsoaledi also outlined other categories of claims.
These were 100 claims paid out as settlements and 78 others as court-ordered payments.
At least nine claims were awarded based on lost patient files.
There were three duplicate claims that were filed.
Motsoaledi revealed that the provincial department have spent R615 million on legal costs to date and R1.1 billion on claim payments.
Asked by ActionSA MP Kgosi Letlape about measures implemented to reduce medical negligence claims against his department and strengthen accountability within public health facilities, Motsoaledi referred him to the presentation his department made at a media briefing with the Special Investigating Unit (SIU). He was also referred to a joint meeting of the portfolio committee on health, the Standing Committee on Public Accounts and the standing committee on appropriations in August and September 2024 respectively.
In his presentation, Motsoaledi said the department was considering utilisation of mediation in order to have fewer cases heard in court.
It envisioned mediation could be done immediately after the occurrence of an adverse event, when a letter of demand stage was received, during litigation and trial.
“Eighteen officials from provinces have been trained in mediation. These include both legal and medical officers,” he said at the time.
Motsoaledi had instructed his department to re-advertise a tender to have a better handle on medico-legal claims, especially those that do not seem valid.
The department had awarded a similar tender in 2019 to have companies with multiple skills like legal skills, forensic investigation skills, data analysis and data capturing.
The contracts with the companies were only for three years and expired in December 2022.
mayibongwe.maqhina@inl.co.za
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