Legislation to deal with the government’s ballooning medical negligence liability is likely to take time to get onto the statute books but there is a lot that can be done in the meantime to reduce it, experts believe.
Bhorat noted that contrary to popular belief, cerebral palsy was not only due to a preventable cause during childbirth but — in the majority of cases — was caused in the antenatal or postnatal periods. The common misconception informed the legal profession, whereas only 10%-14% of all cerebral palsy cases were caused during childbirth.
The 2018 State Liability Amendment Bill was intended to address the state’s huge medical negligence liability. It proposed to introduce structured settlements of claims against the state as a result of wrongful medical treatment by state doctors to replace lump-sum payments. The SA Law Reform Commission’s proposals include compulsory mediation before initiating litigation, certification from a medical professional that a claim has merit, and replacing large lump-sum settlements with a structured schedule of annual payments. The commission wants to see dedicated teams in each provincial health department investigate and weed out spurious medical negligence claims, selectively defend matters, and settle out of court when it is clearly at fault.
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