The Gauteng Health Department has paid R1,017 billion since January 2015 to settle 185 medical negligence claims, but took no disciplinary action whatsoever against any of the staff involved in these incidents, said Jack Bloom, MPL and DA Gauteng Shadow MEC for Health, on Thursday.
According to Bloom, “This is one of the shock disclosures made by Gwen Ramokgopa, Gauteng Health MEC, in a written reply to my questions in the Gauteng Legislature.”
He added that another 51 negligence cases are currently before the courts, claiming a total of R414 million.
“While the payouts and future claims are huge, no amount of money can compensate for the agony and misery endured by the victims of medical neglect. This is illustrated in the details of each case listed in Ramokgopa’s reply, which I have analysed.”
This is illustrated in the details of each case listed in Ramokgopa’s reply, which I have analysed.”
According to Bloom’s statement, brain-damaged babies constitute the largest negligence category – 50 payments totalling R769 million (76 per cent of all payments). Chris Hani Baragwanath Hospital had by far the most negligence cases, which resulted in R514 million paid to 44 claimants.
Other hospitals with three or more cases:
• Steve Biko Hospital: R15,1 million for 14 cases.
• Natalspruit/Thelle Mogoerane Hospital: R54 million for 12 cases.
• Tembisa Hospital: R43,5 million for 10 cases.
• Charlotte Maxeke Johannesburg Hospital: R26,2 million for 10 cases.
• Pholosong Hospital: R78 million for eight cases.
• Kalafong Hospital: R25,2 million for seven cases.
• Leratong Hospital: R22,85 million for seven cases.
• George Mukhari Hospital: R6,8 million for seven cases.
• Bertha Gxowa Hospital: R6,2 million for six cases.
• Rahima Moosa Hospital: R26,4 million for five cases.
• Tambo Memorial Hospital: R430 000 for the one case and pending amounts for four other cases.
• Pretoria West Hospital: R9,85 million for four cases.
• Far East Rand Hospital: R23,3 million for four cases.
• Yusuf Dadoo Hospital: R7 million for four cases.
• Edenvale Hospital: R12,4 million for three cases.
The five largest pay-outs:
• R36 795 413 for cerebral palsy caused by brain damage at birth at Chris Hani Baragwanath Hospital (CHBH).
• R33 469 290, also for cerebral palsy caused by brain damage at CHBH.
• R29 989 117 for brain damage at the Natalspruit Hospital.
• R24 596 364 for brain damage at CHBH.
• R18 947 295 for cerebral palsy caused by brain damage at the CHBH.
Bloom continued, “It should be noted that in the four CHBH cases above, the initial amount claimed was R5 million, much lower than what was actually awarded based on the estimated costs of lifetime care. At total of R15,3 million was paid for 14 deaths, most of them being babies.”
The true human tragedy is revealed in the details of botched treatment, as seen in this sample of cases:
• At Pholosong Hospital, R263 000 was paid out for the deaths of a mother and her baby.
• R12 million was paid for causing blindness in a baby at the Tembisa Hospital
• R7 million for causing blindness in a baby at the Rahima Moosa Hospital.
• R19,7 million paid for “negligence resulting in patient being unable to walk and use his neck muscles” at CHBH.
• R6 million paid for “negligence for operating wrongly on the on the patient’s spine, that led to her being confined to a wheelchair” at CHBH.
• R481 000 paid for “loss of one eye [during] surgery” at Charlotte Maxeke Johannesburg Hospital.
• R1,4 million paid for “patient burnt by nursing staff (hot water in the bathroom)” at Kalafong Hospital.
• R4 million for amputation of a leg and arm at the Yusuf Dadoo Hospital.
• R853 000 for amputation of a finger at the Steve Biko Hospital.
• R553 000 for “negligence resulting in patient not being able to conceive again” at Rahima Moosa Hospital.
“It’s a long and sad catalogue of injuries inflicted on patients at our hospitals. Court-ordered payments for medical negligence have risen every year. According to the 2016/ 17 Gauteng Health Department Annual Report, the total potential medico-legal liability from claims is now an astounding R13,452 billion.
“The pay-outs are taking an increasing chunk out of health budgets that should be better spent in ensuring that our hospitals always provide quality care. Special attention needs to be placed on improving maternity and neonatal departments in order to prevent brain-damaged babies.
“It is astounding that no staff at all have been disciplined for any of the negligence cases. Errant doctors should always be referred to the Health Professions Council and nurses to the Nursing Council. High numbers of mistakes are bound to occur if there is a shortage of staff and key equipment is broken or missing. Better management and accountability, as well as adequate staffing and equipment, are essential in curbing medical mistakes.
“The escalating number of claims should preferably be settled by mediation with fair monetary settlements instead of the slow proceedings and high legal costs in the courts. The high incidence of medical negligence is part of the broader health crisis that needs to be ameliorated urgently.”
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