South Africa´s recent spate of hospital horror stories and the sharp rise in cases of medical negligence are disturbing with medical negligence claims against provincial the country´s Health Departments increasing by around 25 per cent per year between 2011 and 2016.
This is according to Kirstie Haslam, partner at DSC Attorneys who says that the Gauteng Department of Health, (South Africa´s wealthiest province) receives a particularly staggering number of negligence claims each year. Since January 2015, it has been forced to pay out more than R1.017 billion ($US74 million) to settle 185 medical negligence claims.
“Deteriorating conditions in state hospitals, as well as incompetence and gross negligence on the part of staff members, are at the root of these claims – the vast majority of which were ruled in favour of the plaintiffs,” Haslam explains.
She points out that a number of shocking cases of gross medical negligence have received media attention over the past few years.
Haslam says that medical negligence claims involving the fields of obstetrics and gynaecology – particularly those involving brain-damaged babies – make up the largest medical negligence category in South Africa. “Often, birth injuries are serious, with life-long consequences for babies and their families.
“In one of many similar incidents, medical staff at a public hospital in KwaZulu-Natal (most populous province) failed to perform an emergency C-Section, despite significant evidence that this was required. This led to oxygen starvation of the baby, who suffered physical and mental impairment.”
The child’s parents sued the KwaZulu Natal Department of Health for negligence and, when the case was finalised, received R12.9 million ($973 000) in damages.
Maltreatment of mentally ill patients
Haslam says that a particularly shocking case of gross medical negligence came to the public's attention in February this year, when South Africa´s Health Ombudsman, Professor Malegapuru Makgoba, released a statement regarding the deaths of 93 mentally ill patients in the province.
“The deaths occurred after the Gauteng Department of Health moved 1300 patients from Life Esidimeni healthcare facility (the country’s biggest) to 27 unlicensed and ill-equipped healthcare facilities, in an attempt to cut costs,” he says.
“Following the transfer, 93 patients died from causes such as dehydration, diarrhoea, epilepsy, heart attacks and other conditions unrelated to their mental illnesses.”
Negligence by hospital support staff
Surgical mix-ups – ranging from amputations of the wrong limbs to infections due to items being left in patients' bodies – make for shocking reading according to Haslam.
“However, it's not necessarily the massive mistakes like amputating wrong limbs etc. that are leading to malpractice claims but the less obvious ones that are responsible for a significant percentage of South African medical malpractice cases,” she adds.
She cites examples such as failing to react to obvious indicators that medical intervention is needed; failing to listen to patients and their families; ignoring measures for keeping environments and equipment sterile; and incompetence in basic tasks like inserting drips that can have devastating consequences for patients.
Medical negligence not just in public hospitals
Medical malpractice may be rife in public hospitals, but Haslam warns that it can also occur in private facilities.
She cites a 2012 example where the South Africa Medical Protection Society (MPS) reached a settlement of R25 million ($1, 8 million US) with the father of a child injured during a series of botched operations.
The little girl was born in Ireland with a bleed on the brain. She underwent surgery at the age of five to drain excess cerebrospinal fluid and water from the brain.
When her family relocated to South Africa a few years later, the child began to complain of headaches. A neurosurgeon at private hospital in Mossel Bay advised the parents that their daughter needed a new shunt.
The first operation was unsuccessful, and two more surgeries were performed. The first two operations resulted in brain damage. The child now suffers from cognitive, memory, speech, visual and mobility issues.
Successful medical negligence claims
“Obviously, no amount of money can make up for the pain, suffering and often life-long consequences of medical malpractice,” Haslam says.
“However, compensation from responsible parties may ease the associated financial burden and cover the costs of required treatment, rehabilitation and support.”
She stresses that suing a hospital or medical professional for medical negligence can be a complex process and requires suitable medico-legal expertise with experience in personal injury law.
(Picture caption: a boy wanders around clinic beds in Durban, South Africa)
(Picture credit: Our Editors)
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