Medical malpractice: Health Department spends R1.2 billion on litigation 

9 June 2015

In the past 4 years the Department of Health has incurred R1.2 billion in legal costs relating to medical malpractice. This was revealed by the Minister of Health Dr Aaron Motsoaledi in a parliamentary reply to the DA. 

Minister Motsoaledi must appear before the Portfolio Committee on Health to explain the exorbitant amount of money spent in the past four years on litigation.  R1.2 billion is a considerable amount of money that could have been spent on essential health services, not fighting lawsuits due to negligence and, in some cases, the incompetence of medical staff in the public sector. 

The DA believes excellent public healthcare is central to government's role of empowering South Africans to live lives they value. High malpractice rates in the public healthcare system are an alarming sign of inequality in our society that needs to be addressed.

I have therefore written  to the Chairperson of the Portfolio Committee on Health, Lindelwa Dunjwa, to request that she advise Minister Motsoaledi to appear before the committee to explain why health litigation expenses have soared and what he intends to do about it.

Litigation costs of the national and provincial departments of health grew from R190.6 million in 2012 to an astounding R388.7 million in 2015 – a 35% per cent escalation per year.

The worst provincial culprits last year, unsurprisingly, were KwaZulu-Natal (R209.1 million), Eastern Cape (R91.9 million) and Limpopo (R30.9 million).

According to a study conducted by the Free Market Foundation, the highest proportion of claims against government hospitals is for birth-related injuries such as brain damage, particularly cerebral palsy, which accounts for 43,5 percent of all malpractice claims that range between R5-R20 million per incident.

Yet Health Minister Aaron Motsoaledi has not identified poor medical practices as the cause of the malpractice claims, with the result that little or no remedial action is being taken on a hospital by hospital basis. Poor diagnosis leads to poor remedies, indeed.

But instead Minister Motsoaledi blames ‘excessive charges’ and ‘unprofessional conduct’ by the litigating lawyers’ fraternity, and proposed a limit on malpractice pay-outs. 

Cadre deployment among hospital administrators and the chaotic procurement of medical equipment, pharmaceuticals and medical waste disposal have made malpractice endemic and, regrettably, ubiquitous.

The DA believes that the delivery of good quality healthcare should be at the apex of government’s priorities. A healthy and cared for nation can prosper with the delivery of excellent medical care. 

Text of reply:

NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION NO. 443
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 FEBRUARY 2015  

(INTERNAL QUESTION PAPER NO. 04)

Dr W G James (DA) to ask the Minister of Health:

What amount was (a) budgeted for and (b) actually spent by (i) his department and (ii) each provincial department of health on litigation (aa) in the (aaa) 2011-12, (bbb) 2012-13 and (ccc) 2013-14 financial years and (bb) since 1 March 2014?

NW519E

REPLY:

(a) (i) National Department of Health

(ii)        Limpopo Department of Health

Free State Department of Health

The Department does not budget for litigation, only budget for legal costs. Damages are paid from the suspense account at Loss Control.

North West Department of Health

Mpumalanga Department of Health

Northern Cape Department of Health

Eastern Cape Department of Health

The Department does not budget for legal claims. Each institution pays for the incident that took place in the said institution.

(b)(i) National Department of Health

(ii) Limpopo Department of Health

Free State Department of Health

North West Department of Health

Mpumalanga Department of Health

Northern Cape Department of Health

Eastern Cape Department of Health

KwaZulu-Natal Department of Health

END.

Statement issued by Dr Wilmot James MP, DA Shadow Minister of Health, June 9 2015