Sir –
Recent reports that a KwaZulu-Natal judge has handed down a harsh sentence to the province’s Department of Health (DoH) – with the Department liable for all costs after a mother sued for damages estimated at R15,5-million – has also seen former KZN Health MEC, Sibongiseni Dhlomo, ordered to pay half a million Rand. This after the woman’s son was born with severe cerebral palsy five years ago, with the DoH refusing to accept blame.
The DA believes this latter amount must also be paid by the DoH. This after the judge in this matter described the case as ‘wholly unnecessary’ and a waste of both experts’ and the court’s time in what was a lost cause from the beginning. Despite the fact this was clearly an ‘open and shut’ case, the DoH continued to frivolously pursue the issue, placing the affected family under severe strain for an entire five years.
While matters must be defended to prevent unwarranted claims, this is a clear case of what should not be defended and where a negotiated settlement can be reached with an offer of continued care by the DoH to reduce costs and awards.
This latest case of negligence is also by no means the last, with KZN’s DoH already having racked up an estimated R18,5-billion medico-legal bill under the tenure of the former MEC, who is now destined for the National Assembly. Despite the DoH having established a legal unit specifically to deal with such litigation, it appears to be unable to curb the high number of claims. This is purely the result of 10 years of poor political leadership.
The DA has consistently advised the former MEC to thoroughly investigate the model used in the Western Cape which has the country’s lowest medico-legal burden. We have also advised him to look at the methodology used in that province to deal with complaints and resolve legal matters. Yet to date he has simply fobbed us off.
Furthermore, despite a previous public commitment by the provincial treasury to explore the suggestion, the DA remains unaware of anything having been done in this regard.
The pathetic handling of this latest matter is proof of an ANC-led government that does not listen and which does not care. Regrettably, this is the type of government the people of KZN are stuck with again until we go to the ballot box in five years’ time.
Dr Imran Keeka, MPL – Democratic Alliance
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