The high cost of medico-legal claims
Ayanda Kwekwede (23) gave birth at the Holy Cross Hospital in the Eastern Cape in September to a beautiful baby, however, she has been left in severe pain. She also says that patients in maternity wards aren’t offered clean maternity dresses, and bed linen isn’t changed.
A traumatic experience
Kwekwede says she was attended to by a nurse because the doctor was busy in another ward. The nurse failed to determine that Kwekwede needed a caesarean section.
“I went to give birth at the hospital. There were no regular check-ups done to [see] how far the baby is. I told the nurse that the baby is coming, however, the nurse couldn’t increase the perineum quickly for the baby to pass through. As a result, I [tore] and the stitches from my previous birth busted.”
She says she has had severe pain since then and decided to go back to the hospital but didn’t get any help. “That is when we decided to go to a gynaecologist in Margate, KwaZulu-Natal.”
Kwekwede says the gynaecologist told her that her internal soft tissue was damaged and he couldn’t perform an operation until the stitches were healed.
The matter only received attention after it was referred to a local constituency office that engaged Holy Cross hospital management and the board. Kwekwede met a specialist at the Nelson Mandela Academic Hospital and was told another operation would be conducted in January after the stitches are healed.
Njabulo Kwekwede, the baby’s father, says they are considering taking legal action because it was negligence and incompetence by the hospital.
Why is this happening?
Democratic Nursing Organisation of South Africa (Denosa) Eastern Cape provincial secretary Khaya Sodidi says there are a number of issues that lead to staff negligence, causing a rise in the number in medico-legal claims in the province.
“Lack of competency is one of the challenges that might lead to negligence as health care workers are not offered refresher courses. The world that we live in evolves even technological equipment used in health care facilities evolves meaning that health care workers need to be up-skilled every now and then however the Department of Health fails to do that.”
He says a shortage of staff remains a major cause of medical negligence throughout the country. “A nurse may be required to attend to 500 patients while she is supposed to attend to half the number, leading to tiredness and being unable to perform assigned duties well.”
Sodidi says there is also an increase in the burden of diseases so there are more people in need of medical attention. He says they have engaged with the department in an attempt to bring a solution to the problems at hand.
Curbing the scourge
Eastern Cape Department of Health spokesperson Sizwe Kupelo says Kwekwede and her family have met with a specialist.
Kupelo adds that the escalating numbers of medico-legal claims is being investigated by the Special Investigating Unit and some lawyers have been arrested for fraud.
“We have hired a consortium of lawyers to assist the department in dealing with medico-legal claims. They have saved the department R200 million so far in duplicate cases and it is an ongoing fight. There are unscrupulous lawyers that are working with departmental officials that steal files to cook cases. There are R20 billion medico-legal claims on the table currently,” says Kupelo. – Health-e News
Author
Republish this article
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Unless otherwise noted, you can republish our articles for free under a Creative Commons license. Here’s what you need to know:
-
You have to credit Health-e News. In the byline, we prefer “Author Name, Publication.” At the top of the text of your story, include a line that reads: “This story was originally published by Health-e News.” You must link the word “Health-e News” to the original URL of the story.
-
You must include all of the links from our story, including our newsletter sign up link.
-
If you use canonical metadata, please use the Health-e News URL. For more information about canonical metadata, click here.
-
You can’t edit our material, except to reflect relative changes in time, location and editorial style. (For example, “yesterday” can be changed to “last week”)
-
You have no rights to sell, license, syndicate, or otherwise represent yourself as the authorized owner of our material to any third parties. This means that you cannot actively publish or submit our work for syndication to third party platforms or apps like Apple News or Google News. Health-e News understands that publishers cannot fully control when certain third parties automatically summarise or crawl content from publishers’ own sites.
-
You can’t republish our material wholesale, or automatically; you need to select stories to be republished individually.
-
If you share republished stories on social media, we’d appreciate being tagged in your posts. You can find us on Twitter @HealthENews, Instagram @healthenews, and Facebook Health-e News Service.
You can grab HTML code for our stories easily. Click on the Creative Commons logo on our stories. You’ll find it with the other share buttons.
If you have any other questions, contact info@health-e.org.za.
The high cost of medico-legal claims
by Zizo Zikali, Health-e News
December 17, 2019