The Rising Tide of Medical Malpractice Claims
South Africa has seen an 'explosion' in medical malpractice claims, impacting healthcare providers and escalating costs. Public health departments face financial strain, with Gauteng and Eastern Cape alone facing billions in claims. In the private sector, medical specialists struggle with rising insurance premiums, affecting service affordability.
The Medical Protection Society SA reports a 35% increase in claims against healthcare professionals, with large claims jumping significantly over the past decade. Causes aggressive marketing by injury lawyers, and legislative changes making medical malpractice more lucrative for some.
Experts suggest that both a litigious culture and legal frameworks are contributing factors. For instance, the Termination of Pregnancy Act permits lawsuits for undiagnosed severe abnormalities. Additionally, many healthcare providers lack signed patient consent, exposing them to claims.
Solutions proposed include improved risk management strategies, clearer care standards, and better patient communication. Establishing a compensation fund similar to the UK's Clinical Negligence Scheme could offer quicker resolutions outside of court. Patient Coverâ„¢ provides an alternative approach, offering timely claims processes that protect both patients and professionals, promoting stability across the medical ecosystem.