PARLIAMENT- South Africa's justice department would be reviewing the State Liability Act in a bid to deal with the rapid increase in medical malpractice claims lodged against the State, MPs heard on Wednesday.
"Following the escalation of litigation involving medico-legal claims which exposes the State to huge contingent liability and may have the effect of diminishing the fiscal capacity to deliver sorely needed health and other services, we intend to review the State Liability Act, 1957 in order to provide for periodic payments in respect of the claimants’ future medical expenses," Justice Minister Michael Masutha said while tabling the department's budget vote in Parliament.
"This is a departure from the 'once and for all' common law rule which applies in cases of delictual damages. This also seeks to address widespread abuse and corruption in this area."
Health Minister Aaron Motsoaledi has on several occasions warned that medical malpractice suits in both the private and public sector had been skyrocketing and had the potential to collapse the healthcare system in South Africa.