Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
According to the DA, medical negligence claims in Gauteng increased to R29 billion in the 2018/2019 financial year. Before that, they totalled R21,7 billion and it means now that what is paid out for medical negligence claims is more than half of the total budget for the Gauteng Department of Health which totals R50,8 billion.
Claims in the Western Cape apparently only total R110 million which would suggest that firstly, the hospitals there are better run, but I do think that personal injury attorneys are also much more active in Gauteng – touting in particular has risen to record levels and it does not appear that the Legal Practice Council is doing anything about it. The bottom line though is that the state of healthcare in Gauteng is very poor and there are numerous vacancies for positions to be filled in the Department, shortages of equipment and of course some terrible treatment of clients including the client, Martha Marais, who was tied to a bench while waiting at the Mamelodi Hospital last year.
Posted by Michael de Broglio on Tuesday 10-Mar-20
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Comments
Brenda Strydom said:
on Friday 03-Apr-20 09:27 AM
This is very Scary.We are not safe anymore.It is sad how little people care today about others safety
Henrietta said:
on Tuesday 31-Mar-20 08:34 PM
This is quite scary. All fair and well to be able to sue the hospital, doctor etc but what about the live lost or the damage that was done. It's sad that we don't have better run hospitals. South Africa doesn't look after their own and therefore we lose a lots of our good experts/doctors.
Thabitha said:
on Tuesday 31-Mar-20 07:25 PM
I am not surprised though the treatment that people receive in our hospitals it is not up to standard shortage of stuff also contributes
Cornelie said:
on Tuesday 31-Mar-20 05:34 PM
How scary is that, I would rather not go for a operation than to trust a person who is supposed to take your life into their hands if they just don’t care and you pay a fortune for medical expenses just to come out of surgery more damaged.
Bronwyn said:
on Tuesday 31-Mar-20 05:33 PM
this numbers are scary to see,but in my opinion most public hospitals are under staffed and because of this many of our doctors and nurses are working under pressure and now during the Covid- 19 Pandemic we can actually see that we dont have enough working in the health sector.
Kathryn said:
on Tuesday 31-Mar-20 05:02 PM
I think that most medical negligence claims can be resolved by Doctors simply improving on their bedside manner. A patient who experiences their practicing physician to be rude, uncaring and as though they are but one in the proverbial sausage factory is more likely to investigate the possibility of a medical negligence claim. By the same token, a doctor who has previously had a medical negligence claim against them is likely to be more guarded, be less socially / emotionally involved, they will be hardened to their next patient in anticipation of but also hopes against another medical negligence claim being made against them. it is a vicious cycle that perpetuates itself time and time again.
Helen said:
on Tuesday 31-Mar-20 04:01 PM
I would say that there is no proper healthcare in South Africa, majority of good and experienced doctors already left our country for better life. Very sad to say but more and more cases will rise due to negligence and not having an equipment to treat patience.
Jolene said:
on Tuesday 31-Mar-20 01:17 PM
Medical negligence claims are on the rise, no doubt, but we also see that some firms just cannot keep up with the expenses of these cases and end up referring the matters to other firms, that have the funds. It is very costly and it is difficult to prove. To get experts who are willing to comment on these cases is another battle.
Daniella said:
on Tuesday 31-Mar-20 12:40 PM
The government hospital needs to put in proper procedures they are overwhelmed with very minimal management or structure- I hope that the Government focuses on bettering the health care in this Country - Especially with Covid-19 we would have been well better equipped should the government hospitals been run properly.
Dune said:
on Tuesday 31-Mar-20 10:51 AM
I must agree that medical negligence claims are definitely increasing from what I can see at our firm. However there are a lot of attorneys out there taking on matters which they are not able to carry financially. To run these trials are extremely costly and nothing compared to that of Third Party RAF claim, the risks are higher and the expenses are more. There are also a lot of claims which are unreasonable and which carries no merits so, out of those stats I am sure one can take off a certain percentage which adds up to those matters which never even make it to court.
Lourien said:
on Tuesday 31-Mar-20 10:02 AM
Well, I would say that if you keep on giving away doctors degrees for free, what do you expect to get in return? There are reason that everyone had to achieve a certain standard.
These are lifes that we are talking about, doctors needs a good education.
Sarah said:
on Tuesday 31-Mar-20 09:33 AM
It is scary to think how the hospital are operating these days and we must trust our lives in their hands, as well as our kids lives. The money can't change the negligence the staff and hospitals.
shanelle said:
on Tuesday 31-Mar-20 08:45 AM
These numbers are scary! I hope our government will address this problem correctly. Public medical care is so important in a country like ours.
Ashleigh said:
on Tuesday 31-Mar-20 07:29 AM
So scary. I truly want to avoid hospital stories because of how many medical negligence cases there are. I really cannot understand how things like this cannot be addressed. Its like in any business where if a person isn't suited for a position its time for them to either downgrade or leave.
Zindy said:
on Monday 30-Mar-20 07:02 AM
That is very concerning stats, Makes one uncomfortable to think there is so much negligence happening at places that are suppose to save your life. Its not a trial and error tutorial. Touters on the other hand just irritate me i must say, They approach clients at the hospitals during there suffering for a quick buck. In some circumstances many clients don't know they can claim for certain things so this brings light but they do take full advantage of some clients making them sign documents and they are not even aware of what they are signing sometimes locking them into things they later question.
Nicolle said:
on Thursday 26-Mar-20 04:29 PM
It is a sorry state of affairs. Mismanagement! Misappropriation! Lack of training and development! In the wake of "Rona" would our medical "facilities" be able to cope. I think not! And, I think this is the main reason for the national shut-down.
Sinead said:
on Friday 20-Mar-20 10:14 AM
Those figure are so scary. And again it comes down to mismanagement.
Martha's story is horrific. I can't imagine anyone being treated that way. Why be in the health CARE industry and then treat people so poorly? It's actually disgusting!
Shristi said:
on Thursday 19-Mar-20 01:39 PM
I think this all boils down to how badly the government hospitals in this country are run.. I think if healthcare facilities were run properly and healthcare professionals knew that they would be brought to the book there would be rather a decrease in medical negligence claims as opposed to an increase. What Martha Marais had to go through was just heartbreaking and inhumane.
Mathilda Du Preez said:
on Thursday 19-Mar-20 10:37 AM
I agree with Tamaryn that this is a vicious cycle and the Coronavirus outbreak will only put more pressure on the public hospitals that are already under staffed and equipped.
Dasanya said:
on Thursday 19-Mar-20 08:39 AM
The recent stories regarding medical negligence have been shocking. To trust hospitals with the care of a grandparent or parent and to find out that they have been treated in such an inhumane manner is just terrible. It is no secret that our healthcare system is substandard and it is unfortunate that many have no other option but to make use of these poor facilities. Medical negligence definitely exists and the fact that more than half of the allocated budget is spent on these claims instead of improving the actual healthcare facilities and further training of staff is ridiculous!
Kendall said:
on Thursday 19-Mar-20 08:27 AM
The trauma that Martha Marais was subjected to is astounding! I am sure that there are many more people that are treated in this manner on a daily basis, at state hospitals that we do not even hear about in the news. It is absolutely inhumane! It is heartbreaking that many people do not have a choice but to use the government healthcare facilities, as they cannot afford medical aid rates for private healthcare.
fikile said:
on Wednesday 18-Mar-20 04:32 PM
Medical negligence has always been a big issue it's just that people never though it could get this bad and most hospitals are being seriously sued for negligence. I was listing to the radio the other day about teenagers that had kids at the Baragwanath Hospital and the doctors did operations on them and removed their wombs so that they can never have other kids because they are under age, one girl got married to a Zulu man and traditionally when you are married you have to bear kids for your husband but then she can't because her womb was moved without her permission. What has our country turned into
Chante said:
on Wednesday 18-Mar-20 08:34 AM
It is very concerning as to what happened to this lady. It is scary to realise that we're not safe in places we're supposed to be safe in. It is sad how little people care nowadays.
thembi said:
on Tuesday 17-Mar-20 03:31 PM
It is good that the claims have increased. I think this is good news. I do not think also that Gauteng has a lot of personal injury attorneys.
sandra said:
on Tuesday 17-Mar-20 03:30 PM
Both industry and government are keenly aware of the real and present need to change the claims situation. Both have committed to identifying ways of curbing the tide in medical malpractice claims and litigation as well as in implementing measures aimed at reinforcing defined standards of care, managing patient expectations and outcomes, and improving patient experience through better communication and more education.
Prishani said:
on Tuesday 17-Mar-20 02:56 PM
These are shocking stats and numbers! These are huge amounts solely because of negligence, some of the cases I have heard are absolutely horrendous. I hope our government has a team working on this problem!
Brumilde Cronje said:
on Tuesday 17-Mar-20 10:53 AM
I also shows that the system is failing... Stop and remodel it, or once again get people to run the places that actually know how to. It is very scary to think of what else we are not aware of when it comes to the health system, and i think with the Carona virus in SA now, people are going to be flocking to the hospitals
Tamaryn said:
on Tuesday 17-Mar-20 08:55 AM
It's not surprising that these medical facilities are under staffed and under equipped when more than 50% of their budget goes to medical negligence claims, which in turn only breeds new claims. It's a vicious cycle. Can you imagine the impact COVID-19 will have on an already floundering public health care system.
Victoria said:
on Friday 13-Mar-20 03:46 PM
Our Government Hospitals are a disgrace and the treatment that is given is just as bad. They also lacking staff members in the hospitals and new equipment which isn't making things any better.
Angelique said:
on Friday 13-Mar-20 03:20 PM
Every other week on Carte Blanche they show us a little bit more into the state of our government hospitals and it is no surprise. It is absolutely scary! There are no funds available for our hospitals to be competent. Once the funds are no longer mismanaged will the claims for medical negligence decrease.
Claudia B said:
on Friday 13-Mar-20 10:13 AM
It is really so sad to know that people could be so rude, she definitely did not deserve to be tied to a bench in the hospital. I would rather go to a private hospital and hope they treat you better. Public hospitals need to change and give better treatment!
Karien van Zyl said:
on Friday 13-Mar-20 09:05 AM
The problem in South Africa is that doctors working in the public health sector are not the ones paying for a damage cause to a patient, but the state is paying for it out of the allocated budget. This substantial cut going to medical negligence claims has an adverse effect on our public health system. No new equipment, not enough doctors, and not enough hospitals.
thembi said:
on Friday 13-Mar-20 08:56 AM
I do not think that there is a lot of personal injury attorneys in Gauteng. It is a difficult job and it is hard to win. Public hospitals give bad treatment. This must change
sandra said:
on Friday 13-Mar-20 08:55 AM
Medical practitioners are increasingly practising defensive medicine in an attempt to limit the risk of medical negligence claims being instituted against them. Medical negligence claims are instituted for a number of reasons, such as lack of communication between doctor and patient. Birth-related claims are instituted most frequently.
Courtney said:
on Thursday 12-Mar-20 03:37 PM
I really hope that I don't ever have to go to a state Hospital ever. Not saying private Hospitals are perfect but there's a big difference. What happened to that lady is not fair. Who even thinks about doing things like that.
Sujata said:
on Thursday 12-Mar-20 02:55 PM
Medical negligence claims are certainly on the rise but we also have to look at our healthcare sector under a microscope. The healthcare system in South Africa will lack the necessary resources and we can see that evidently as a result of fund allocation or any other reason the Health department can think of and it will be interesting to see
if and how this will change when the NHI is implemented.
Melissa said:
on Wednesday 11-Mar-20 11:30 AM
This is a disgrace as to what happened to this poor lady, hope they burn in hell. People can be so heartless, don't even think I can call them people (animals). I will rather die than go to a state hospital really
Natasha said:
on Wednesday 11-Mar-20 10:06 AM
It wont help to get people to fill the open spaces they need to put intention in to their work and the service they give. They give a very bad service and they don't care about their patients. It is very dirty in state Hospitals the one time we had to take our domestic worker to the hospital and there was blood all over the walls. They don't take pride in their work and they just don't care 8 out of 10 people going to state hospital will not walk out there alive.
Alexis said:
on Wednesday 11-Mar-20 10:01 AM
It is very concerning as to what happened to Martha Marais, but I have heard that they have now settled. It is quite scary to know that one is not safe in a place that is suppose to be safe, make you feel safe. It is sad at how the world is deteriorating as it is as well, people do not care and are quite careless.
Megan said:
on Wednesday 11-Mar-20 09:52 AM
It's sad to read this as well as Ziyanda's comment. The way money is so badly mismanaged in this country, it is terrifying, the fact that the country thinks having a Scheme like NHI will be the solution is scary too. I don't think anyone knows what they are doing in the different Departments.
Joyce said:
on Tuesday 10-Mar-20 04:59 PM
Treatment in state hospitals is scary most of people don’t believe they are safe with state hospitals, people think when they are admitted at the state hospital they are will die.
Nicolene said:
on Tuesday 10-Mar-20 04:48 PM
I don't think that to fill these positions will actually change the state of the healthcare in Gauteng. They should also definitely do something about the very poor service at the State Hospitals and don't forget about the service we get from Private Hospitals as well. I paid a lot of money at a Private Hospital and the service I have received was extremely poor. Cannot believe that they tied up a client to a bench. What would have happened if a nurse/expert did it with one of their relatives?
Ziyanda said:
on Tuesday 10-Mar-20 04:45 PM
This is definitely true, I am saying this from dealing with requests for Hospital Records while doing an internship at the Gauteng Department of Health's Central Office. The Department is paying out claims for medical negligence more than they are paying to run hospitals in Gauteng. In most cases, it is the staff in the hospitals that are negligent and who know nothing about public service delivery. I think if there was a way to change the behaviour of our public servants maybe there would be a chance in decreasing the number of medical negligence cases against the Department.
Michelle Smillie said:
on Tuesday 10-Mar-20 04:39 PM
I have come across people in other countries who clearly had a case of negligence but continues to follow the doctor's advise that what they are experiencing is normal and nothing to worry about it. Only to realise 5 years later that the doctor wasn't telling the truth and then it's too late to do anything about it. Part of this, I believe, is because some countries provide free medical care, but the system works completely different. At a state hospital the waiting period is 2 years for a knee operation, for example, and the only way to go to a private hospital is with a referral letter from your GP. And, if your GP does not want to provide you with the letter, you need the State's approval to go to a new GP. In England, for example, you cannot even go see a physio without the doctor's approval, which you need to obtain by sending a letter to the Government. I sincerely hope that the NHI will not follow the same route. That said, I believe that the State hospitals in these other countries are definitely in a far better state than South Africa's and I feel incredibly sorry for the people who cannot afford a medical aid and have no choice but to be in the hands of such bad healthcare. If the Government will only realise that there is a reason why the amounts to pay for compensation is so high, and that is because the service is just too bad. Spend more money to fix the service and there will be less money to spend on negligence claims.
Lucretia said:
on Tuesday 10-Mar-20 04:38 PM
I deal with numerous email / telephonic queries on a daily basis and let me tell you, just listening to the queries I know I will need to be REALLY SICK to go to hospital. The service out there from not only doctors but nurses as well is, according to the queries we deal with, appalling. I do understand that there are 3 sides to every story, "yours", "mine" and "the truth", however, even if only 50% of our queries are genuine, it is still 50% too much.
Bianca Niemann said:
on Tuesday 10-Mar-20 09:14 AM
In stead of trying to eliminate private healthcare and medical aids etc. they should honestly just fix the state of the state hospitals. I am struggling to fathom how a government who cannot run a country is being elected time and time again. It's almost as if they have not yet shown as they are incapable.
Melissa van Tellingen said:
on Tuesday 10-Mar-20 09:09 AM
It's scary to think that all these monies are paid out to patients where doctors have been negligent. Probably from doctors some of us have gone to see before and that it could have been us. Each and every patient deserves to be compensated!
Clare said:
on Tuesday 10-Mar-20 08:18 AM
Well i think its great, i mean it not right that we put our trust in these experts and they take a persons money and do stupid things. I can not handle the case children it breaks my heart.
david said:
on Tuesday 10-Mar-20 07:14 AM
yes, it's in a bad state at the moment. i think what makes it worse is the 2 tiers of healthcare - private and state. i think half the problem is that the people on the state tier expect the same level of treatment as those on private. thankfully our ever vigilant government has seen a way to put an end to this with the NHI. soon we can all rejoice in the equal level of treatment provided to us by the beloved ANC.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
