Eastern Cape Health's superintendent-general was summonsed to appear before the Bisho High Court to explain delays in two medical negligence cases involving babies born with cerebral palsy.
The cases, in the Eastern Cape High Court (Bhisho), have stalled because Health Department superintendent-general, Dr Thobile Mbengashe, had not instructed lawyers to defend the claims, writes the Daily Dispatch. According to the report, counsel in both matters indicated they were awaiting a signed instruction from the SG on whether the matters should be defended or settled in favour of the claimants, prompting the summonses for Mbengashe to appear personally in court.
The court wanted Mbengashe to explain why the respective matters had not reached finality and why he had been unable to timeously furnish his instructions on the possible settlement of the issue of liability before the trial date. The court also ordered Mbengashe to do all he could and must do in terms of the law to dispose of the matters.
By Wednesday last week, Mbengashe had issued instructions for the state attorney to settle the case of Yandisa Dinga, who is suing the MEC on behalf of Linamandla Hope Dinga, obviating the need for him to answer in court why he had not done his job. The department agreed to pay R15m in damages for negligence by health workers during Lindmandla’s birth.
[link url="https://dispatch.pressreader.com/@Lucille_Faro.3/csb_lCjVPuCmLY_wjqrS_YXBworIUB_UJq3KIuDuEvgVfQoMpB6UYyXnAk5oe0jGWhqU"]Full Daily Dispatch report (subscription needed)[/link]