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Medical malpractice: Hospital horrors

By Garry Hertzberg, practicing attorney at Dewey Hertzberg Levy attorneys and the host of The Laws of Life on cliffcentral.com

We all make mistakes. It is accepted as a part of human nature.

But while for most of us a simple “I’m sorry” will do, medical doctors quite literally hold our lives in their hands. A mistake at the hands of a surgeon or physician can result in a loss of limb or, more scarily, a loss of life.

It has been reported that medical malpractice claims have cost you and I, the taxpayer, a staggering R25 billion. So what’s going on? Unfortunately, all the usual suspects, I’m afraid.

Wrong limbs amputated, inadvertent genital mutilation, rampant infection and amputation seem rife. But unfortunately that’s not where it ends.

A woman was diagnosed with stage four breast cancer and underwent three months of chemotherapy and had a double mastectomy, only to discover that she had never had cancer in the first place. What amount of money could compensate her for the loss of her breasts and the months of trauma she endured? She received R2.8 million in compensation for her womanhood.

And what about the baby who was born prematurely but healthy in a private hospital? The baby was given too much oxygen after her birth which resulted in her going blind and developing cerebral palsy.

While the claim is still being calculated it is expected that it will amount to an estimated R30 million. This child, despite being blind and having cerebral palsy still has a normal life span and, therefore, the claim includes all future loss of income and future medical expenses. This will be resolved by insurance companies since the incident took place at a private hospital, but the question still begs: why is so much going so wrong?

We revere doctors, most of us think of them as miracle workers and certainly more enlightened than us mere mortals. I suppose as humans we are all fallible, and we need to remember that modern medicine is still part science, part alchemy, and part mystery.

While the casualties are unacceptable, the question to be asked is how are we, as a country, failing our doctors who are in turn failing us?

Read more of Garry Hertzberg’s blogs:

Presumed guilty until proven innocent is wrong

Can I sue my ex for giving me an STD?

Fathers’ battles to see their children

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