The Eastern Cape Department of Health has paid over R204 million to the office of the State Attorney from 2014 up until now with only four medico-legal claims cases having being won, according to MEC of Health, Dr Pumza Dyantyi.
In a statement issued on Tuesday, Democratic Alliance (DA) MPL, Vicky Knoetze, said that this had come to light after she had posed questions in the Eastern Cape Provincial Legislature.
Out of a total of 155 medico-legal claims against the Eastern Cape Department of Health in the past three financial years, from 2014 to 2017, 151 cases were settled by the department, and only four cases were won.
The MEC further stated that if the State Attorney was of the opinion cases were indefensible, and the department would opt for an out-of-court settlement.
Knoetze said it was believed that the reason for a number of medico-legal claims against the department was due to negligence brought on by critical staff vacancies.
Knoetze added that the money paid for medico-legal claims was a liability and had a major adverse effect on the budget of the department.
The MEC stated in her response that the department was now taking money from its Goods and Service budget to pay for these medico-legal claims, which are standing at R17-billion.
“The payment of medico-legal claims has an adverse effect on the overall budget and service delivery plans of the department. Notwithstanding, for the 2016/17 year the department tried to protect the [cost of employees] budget from the impact of the medico legal claims and used the Goods and Services budget to pay for the medico legal settlements,” said Dyantyi in her response.
Knoetze said that payments made to the State Attorney roughly translated to R1.3-million per case. She claimed that the State Attorney was charging exorbitant fees.
“What is going wrong at our state hospitals that the State Attorney only tried to defend 3.7 percent of medico-legal claims in the last three financial years? Are cases really undefendable or do the offices of the State Attorney not have the capacity to deal with these cases?” asked Knoetze.
Knoetze further raised concerns that if R17-billion in medico-legal claims also goes undefended, the overwhelming cost would collapse the department.
“This means that the department will either have to reduce or consolidate its facilities or reduce its services to the public. At the end of the day, it is the people that will suffer, especially the poor, who rely on state medical care,” she said.
-African News Agency (ANA)
