The Medical Malpractice Crisis: A Conversation with Evander Obi
South Africa’s healthcare sector faces a growing crisis that is both financial and deeply personal: medical malpractice. With contingent liabilities reaching upwards of R80 billion, the strain on healthcare resources and public trust has become increasingly evident. Evander Obi, CEO of nownow Insurance, brought attention to this critical issue during his recent interviews on SAfm's The Morning Bliss show, highlighting not only the financial burden but also the broader implications for patient care and healthcare practices.
"Every rand tied up in malpractice litigation is one less rand available to train junior doctors or maintain healthcare facilities," Obi explained. He emphasized that the existing system's inefficiencies have serious consequences for both patients and medical professionals, contributing to a breakdown in trust and escalating healthcare costs.
Central to the problem, Obi noted, is the concept of "defensive medicine." Doctors, fearing litigation, often order unnecessary medical tests and procedures or avoid higher-risk treatments altogether. This approach inflates costs and can compromise patient outcomes. "Doctors should be making decisions purely on medical grounds, not out of fear of legal repercussions," he argued.
Obi detailed how lengthy court battles leave patients vulnerable and without timely remedies. Using the stark example of a routine hernia operation gone wrong - where surgical instruments like forceps might accidentally be left inside a patient, leading to severe complications - he illustrated how the current litigation-heavy system can prolong suffering. Patients face years of uncertain legal battles, often without guarantee of fair compensation or adequate support.
Obi advocates for an alternative approach that combines swift financial compensation with measures to enhance accountability among healthcare providers. While patient insurance, such as Patient Cover™, can offer immediate relief and support to affected individuals, Obi underscored the importance of systemic accountability. He discussed partnerships with bodies like the Health Professions Council of South Africa (HPCSA) to expedite the investigation of malpractice claims, ensuring appropriate sanctions for healthcare providers.
Additionally, Obi suggested implementing stringent policies, such as a 'three-strike' rule, allowing decisive action against practitioners repeatedly involved in malpractice cases. These measures are intended not merely as punitive but as essential components for rebuilding trust and ensuring sustainable healthcare practices.
The affordability and accessibility of such insurance products were also raised. Obi clarified that solutions must be financially viable for everyday South Africans, proposing minimal monthly premiums to foster widespread adoption and equitable access.
Concluding his remarks, Obi stressed the need for a balanced, transparent, and proactive healthcare ecosystem. "Ultimately, we need a system built around fairness, accountability, and trust," he stated. "Patients must feel secure, and doctors should feel supported - not threatened. That’s how we rebuild the integrity of healthcare in South Africa."