R1.42bn paid in medico-legal claims in a year

Briefing the standing committee on public accounts (Scopa) yesterday, the auditor-general said it had recorded R68 billion in claims against the medico-legal sector in the past three years. Picture: David Ritchie/African News Agency(ANA)

Briefing the standing committee on public accounts (Scopa) yesterday, the auditor-general said it had recorded R68 billion in claims against the medico-legal sector in the past three years. Picture: David Ritchie/African News Agency(ANA)

Published Nov 9, 2023

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Cape Town - With a staggering R1.42 billion paid in medico-legal claims in 2022/23, the Auditor-General SA (AGSA) has highlighted the need for the health sector to improve its medical record-keeping.

This because claims cannot be successfully defended without records and then need to be paid out.

Briefing the standing committee on public accounts (Scopa) yesterday, the auditor-general said it had recorded R68 billion in claims against the medico-legal sector in the past three years.

The claims were made against departments for compensation for losses caused by the departments.

The most common type of claim was medical negligence against provincial health departments.

The sector was currently at 372% of its target, with a year remaining in the medium-term strategic framework period.

“The poor record-keeping of medical records has still not been attended to by the health departments in four provinces (Eastern Cape, Gauteng, KwaZulu-Natal and Northern Cape).

“This is because the establishments did not ensure that health records containing prescribed information were created for every user of health services and are maintained at that health establishment.

“In addition to record keeping, other health sector challenges that need attention include staff shortages, ineffective healthcare facilities and lack of implementation of policies and legal frameworks.

“If these matters are not addressed, they will have a detrimental long-term effect on the sector's ability to deliver swift, good-quality healthcare services, jeopardising the essential building blocks for the NHI,” the auditor-general found.

A further R1.45bn was paid towards elevated medico-legal claims in the current year.

The Health Department was advised to review its human resource requirements and organogram of legal services.

“For enhanced accountability for the management of medico-legal cases and the co-ordination of requests for medical records from the healthcare facilities, clear delegations need to be in place for staff members who must monitor, co-ordinate, and report the requests for medical records,” the auditor general recommended.

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