×

We've got news for you.

Register on SowetanLIVE at no cost to receive newsletters, read exclusive articles & more.
Register now

Department fights lawyers - health MEC faces legal claims of R3.7bn

eye-opener: The Gauteng health department suspects the instigation by lawyers in cases against it PHOTO: JOE MAKUSHU
eye-opener: The Gauteng health department suspects the instigation by lawyers in cases against it PHOTO: JOE MAKUSHU

THE Gauteng health department is gunning for lawyers instituting multimillion rand lawsuits against it on behalf of wronged patients.

It has decided that instigation by attorneys - rather than malpractice by staff - is the reason the department faces mounting legal claims which now sit at R4.3-billion.

To reduce the number of lawsuits it faces yearly, the department has proposed to:

  • Conduct awareness sessions at all of its health facilities, and
  • Correct poor record-keeping and management of clinical notes as well as staff attitudes.

But it will still go after the lawyers. The department revealed it had "one case where we have definite information and willingness from the patient to assist the department", after which a complaint would be laid with the law society.

Defending itself against these claims has not come cheap either. The department has had to fork out R5.6-million on litigation.

Details of the department's suspicions and the billions it may have to pay out to patients are contained in a document of written replies to the Gauteng Standing Committee on Public Accounts (Scopa).

The document formed part of a hearing held recently by Scopa on the finances of the department as well as the assessment by the auditor-general.

Health MEC Qedani Mahlangu and some of her most senior officials were grilled on the causes of yet another qualified audit opinion.

Legal claims against the department have been on the increase in the past few years. As of November 2013, the department was facing R3.7-billion in claims. By the end of March last year, claims against the department stood at R2.7-billion.

The department said it had a litigation strategy in place "which is aimed at addressing challenges in the litigation process and to reduce the high medical negligent claims".

The strategy would also seek to address "consequent management where there is noncompliance with norms and standards, shortage of equipment", but the department is also going for the lawyers.

Pretoria-based attorney Jan van der Westhuizen said the department should rather focus on limiting negligence at its institutions.

"I think the department should concentrate on whether there was medical negligence or not, as a case for medical malpractice will not succeed unless there is medical negligence," he said.

newsdesk@sowetan.co.za

 

For more stories like this one, be sure to buy the Sowetan newspaper from Mondays to Fridays

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.