Retired judge to help with department of health claims

This after the Democratic Alliance (DA) had revealed that legal claims against the provincial department had soared from R8.9 billion to R13.1 billion in the period 1 April 2014 to 31 March 2015.

DA Gauteng Shadow MEC for Health, Jack Bloom, stated that this disturbing information was contained in the department’s latest annual report which was tabled in the Gauteng Legislature. Bloom said, “Most of the increase is due to medico-legal claims which rose from R6.566 billion to R10.1 billion.”

He added that civil claims went up from R855 million to R1.502 billion and that claims from the premature termination of contracts remained at R1.508-billion.

Bloom said it was important to note that the enormous R10.1 billion medico-legal claims figure arising from alleged medical negligence was a maximum potential liability that was unlikely to be ordered by the courts. “Some of the claims may be frivolous or not stand up to scrutiny. Nevertheless, the huge jump in the past year is of great concern,” Bloom stated.

The shadow MEC said the department had been paying an average of about R200 million every year for medical negligence in terms of court settlements. He hoped that the department would adhere to its pronouncement that it would upgrade its litigation strategy, which would include negotiating fair settlements with claimants instead of fighting every case in court.

The department’s spokesperson, Steve Mabona said, “To mitigate further claims, the department has appointed retired Judge Neels Classen to assist the department by meeting with clinical managers and other health professionals to advise on record keeping and identification of potential claims.”

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