The Eastern Cape Health Department has been ordered by the Eastern Cape High Court (Mthatha) to cough up R16m in damages to the mother of a child born in 2016 with cerebral palsy due to medical negligence during birth, and offer the little boy free medical care at government institutions.
The payment excludes future medical needs of the little boy – usually the biggest portion of any medical negligence claim, reports Daily Dispatch.
A landmark judgment in February saw the Eastern Cape High Court (Bhisho) rule that instead of paying out R35m to meet the future medical needs of a child rendered similarly disabled due to medical neglect, the department could provide those health services via Cecilia Makiwane and Frere hospitals.
This was hailed as a possible way out out of the budget-busting medical negligence mess in which the department finds itself, facing a contingent liability of more than R38bn due to hundreds of similar medico-legal claims.
However, the latest judgment has shown that even if the department proves to the courts that it has hospital and other medical facilities capable of providing the care needed by these disabled children, it will not entirely resolve the department’s massive financial liability.
The R16m award included general damages of about R2m, as well as R4.2m for loss of future income that the boy might have earned if he were not disabled. And it provides for caregiver and domestic services valued at R7.5m for the rest of his life, and R1.4m “architectural services” to make the family’s Mthatha home disability-friendly.
Added to that is a 7.5% contingency of R1.3m.
Judge Sunil Rugunanan postponed the remaining aspects of the claim on quantum, including transportation costs and future medical needs, for the argument to a date still to be decided.
Provincial health spokesman Sizwe Kupelo said the department had pleaded its “public healthcare defence” in terms of the child’s future medical needs.
“The offer for the department to provide for the claimant’s medical care therefore has been pleaded but is yet to be decided (by the court).”
The department was also considering lodging an appeal against the lump sum of R7.5m for the payment of caregivers, he added.
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Eastern Cape ruling could change how medico-legal claims are settled
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