Shocking stats released of negligence claims against state hospitals
Brain-damaged babies make up the largest medical negligence category.
Fifty-one medical negligence cases are currently before the courts, claiming a total amount of R414 million, which includes claims against local Leratong Hospital.
Brain-damaged babies make up the largest medical negligence category – 50 payments totalling R769 million (76 per cent of all payments) were made in 2016.
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Chris Hani Baragwanath Hospital (CHBH) had by far the most negligence cases, which resulted in R514 million being paid to 44 claimants.
Other hospitals with three or more cases are:
• Steve Biko Hospital: R15,1 million – 14 cases.
• Natalspruit/ Thelle Mogoerane Hospital: R54 million – 12 cases.
• Tembisa Hospital: R43,5 million – 10 cases.
• Charlotte Maxeke Johannesburg Hospital: R26,2 million – 10 cases.
• Pholosong Hospital: R78 million – eight cases.
• Kalafong Hospital: R252 million – seven cases.
• Leratong Hospital: R22,85 million – seven cases.
• George Mukhari Hospital: R6,8 million – seven cases.
• Bertha Gxowa Hospital: R62 million – six cases.
• Rahima Moosa Hospital: R26,4 million – five cases.
• Tambo Memorial Hospital: R430 000 – one case and pending amounts for four others.
• Pretoria West Hospital: R9,85 million – four cases.
• Far East Rand Hospital: R23,3 million – four cases.
• Yusuf Dadoo Hospital: R7 million – four cases.
• Edenvale Hospital: R12.4 million – three cases.
The five largest pay-outs were as follows:
• R36 795 413 for cerebral palsy caused by brain damage at birth at CHBH.
• R33 469 290 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.
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, mostly 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 to a baby at the Tembisa Hospital and R7 million for blindness in a baby at the Rahima Moosa Hospital.
• R19,7 million was paid for “negligence resulting in patient being unable to walk and use his neck muscles” at CHBH.
• R6 million was paid for “negligence for operating on the patient wrongly on the spine that led to her being confined to a wheelchair” at CHBH.
• R481 000 was paid for “losing one eye during surgery” at Charlotte Maxeke Johannesburg Hospital.
• R1.4 million was paid for “patient burnt by a nursing staff (hot water in the bathroom)” at Kalafong Hospital.
• R4 million was paid for amputation of a leg and arm at the Yusuf Dadoo Hospital.
• R853 000 was paid for amputation of a finger at the Steve Biko Hospital.
• R553 000 was paid for “negligence resulting in patient not being able to conceive again” at Rahima Moosa Hospital.
Court-ordered payments for medical negligence have risen every year. According to the 2016/ 17 Gauteng Health Department’s 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 spent on ensuring that hospitals always provide quality care.
No staff at all have been disciplined for any of the negligence cases.
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