Medical negligence claims burden KwaZulu-Natal Health Department

THE Department of Health in KwaZulu-Natal continues to be impacted by medical negligence claims, with political parties arguing that the millions of rand paid out to victims could be better spent on increasing access to healthcare.

The Durban High Court recently handed down a judgment in a case brought by a mother after her son was born with cerebral palsy as a result of negligence by the staff of the department at the KwaHlabisa Hospital.

The damages in the matter are still being calculated according to the firm, 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 raised concerns among members of the health portfolio committee, with members stating that ongoing medical negligence claims raised serious shortcomings within the department. A government document looking at medico-legal claims in the Department of Health across the country in 2024 painted a bleak picture.

According to the figures provided for KwaZulu-Natal, there were 2 440 medico-legal claims valued at R29.1 billion.

The number and value of cases currently under investigation are 713 medico-legal claims valued at R8.7bn. The total amount paid by the department towards medico-legal claims is R1.3bn.

Court documents in the recent case indicate that the department does not dispute that its staff at KwaHlabisa Hospital, where the child was born, were negligent, leading to the child's condition. The child, referred to only by the initial “B”, was born in 2012.

Chair of the Health portfolio committee Dr Imran Keeka said medico-legal claims will continue to place an unsustainable burden on the department's budget.

“Notwithstanding, citizens are fully entitled to seek redress for harm or neglect caused by the actions of healthcare providers and staff; each adverse ruling further depletes already limited resources.

“The department must act with urgency to address its deficiencies: strengthen record-keeping, plan effectively for contingent liabilities, collaborate across departments to reduce exposure, ensure sound legal representation, and address the persistent understaffing of critical services. Failure to do so will only exacerbate the crisis and further erode public confidence in the KZN Health,” he said.

Dr Keeka said there was no recent figure relating to the rand value of claims that has been 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.”

Ncamisile Nkwanyana, an IFP MPL who sits on the health portfolio committee, emphasised the urgent need for accountability in medico-legal cases.

She argued that healthcare professionals, including doctors and nurses, should be held responsible for their negligence, which often leads to significant financial burdens on the health department.

“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,” Nkwanyana stated.

She expressed concern over the lack of transparency regarding the actions taken against negligent healthcare workers, stating, “We hear about the department paying out these claims, but we never hear about the consequences faced by the doctors and nurses whose negligence led to such claims.”

Nkwanyana acknowledged the efforts of the MEC, Nomagugu Simelane, in addressing these issues but insisted that more needs to be done.

Dr Mphikeleli Mthethwa of the MK Party stated that the issue of medico claims was a serious issue that warranted attention

“What is concerning is the failure of the department to defend such claims. They fail because there is no proper record-keeping. If you do not have the file of the incident, then you cannot defend yourself.

“There have been talks of implementing E-health (electronic keeping of files), but that is still a long way off. What they should be doing is ensuring that if they know there was an issue, that file must be protected.”

The department had not responded to repeated requests for comment by the time of publication.