Negligence claims continue to burden the KwaZulu-Natal Department of Health, with documents from 2024 revealing 2 440 claims valued at R29.1bn, and the number and value of cases currently under investigation sitting at 713 claims worth R8.7bn, reports The Mercury.
Political parties argue that the millions of rands paid out to victims could be better spent on increasing access to healthcare, and have called for the department to urgently address its deficiencies and tackle the ongoing shortages in critical departments.
They also urge accountability from staff involved in negligence cases.
The KZN High Court (Durban) recently handed down a judgment in a case brought by a mother after her son was born with cerebral palsy due to negligence by staff at KwaHlabisa Hospital, where the child was born in 2012.
Court documents indicate the department does not dispute staff were negligent, and damages in the matter are still being calculated, according to Justice Reichlin Ramsamy Attorneys, which is representing the victim.
“The matter has not been finalised. The parties will have to refer the directions by the judge to an actuary. Once calculated and agreed (upon), we will forward (it) to the judge for an order.”
The judgment has raised concerns among Health Portfolio Committee members.
Chair of the Health Portfolio Committee Dr Imran Keeka said medico-legal claims would continue to place an unsustainable burden on the budget, and that “each adverse ruling further depletes already limited resources”.
He said there was no recent figure relating to the rand value of claims reported to the committee.
“A parliamentary question I sent had a vague response not encompassing the total number of claims in Rand value against the department. Earlier this year the sum was revealed to be in excess of R30bn for KZN by the National Minister,” he said.
Ncamisile Nkwanyana, an IFP MPL on the committee, emphasised the urgent need for accountability in the cases, saying healthcare staff, including doctors and nurses, should be held responsible for their negligence.
“It is surprising that every time we discuss this issue, medico claims account for a large portion of the department’s budget. The millions spent on these claims could be better utilised to serve many more patients,” she said, expressing concern over the lack of transparency in actions taken against negligent healthcare workers.
“We hear about the department paying out these claims, but never about any consequences faced by the doctors and nurses whose negligence led to such claims.”
Dr Mphikeleli Mthethwa of the MK Party said the failure of the department to defend such claims was concerning.
“They fail because there is no proper record-keeping. If you do not have the file of the incident, then you cannot defend yourself.”
The department had not responded to repeated requests for comment by the time of publication.
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