This is just four provinces - the other five have refused to release their pay-out figures

MORE than R190 million meant to improve the state of hospitals in four provinces has been spent on lawsuits.

The Mpumalanga, Gauteng and North West health departments have used funds that could have been spent on improving hospital infrastructure on paying for legal fees.

By law no government department is allowed to budget for possible litigation.

This means that when hospitals are successfully sued they have to pay from their general budgets. Gauteng has paid R100 million in lawsuits, Mpumalanga R40 million, Eastern Cape R33 million and North West R29 million between 2008 and this year.

Five other provinces have refused to release their pay-out figures.

North West department spokesperson Tebogo Lekgethwane said between 2008 and the present his department was found to be negligent in 38 incidents and had to part with a combined total of R29,5 million between 2008 and 2011.

Former Mpumalanga health MEC Dikeledi Mahlangu said in her written reply to the DA last month that her department paid out R40 million due to negligence by medical staff in the province.

North West health department spokesperson Tebogo Lekgethwane said his department was working hard to prevent further claims.

"One such corrective measure is the establishment of a patients' safety programme group that looks at adverse events affecting patients coming with preventative measures," Lekgethwane said.

"The approach encourages institutions to report adverse events without fear of punitive measures and remedial measures are implemented that address systems failures."

Mpumalanga health department spokesperson Dumisani Mlangeni said his department was finalising a litigation turnaround strategy in an attempt to prevent the rising number of lawsuits.