Source: Auditor-General's report to the Standing Committee on Public Accounts

The Free State Health Department is embroiled in a financial predicament after recent reports that it’s on track to spend at least R5 billion on litigation cases for 2023.

This substantial expenditure has sparked concern and prompted officials to reevaluate their strategies to bolster their defences against such challenges. During the consideration of the Appropriation Bill [2024/25] and the 2nd Adjustment Appropriate Bill [2023/24] for Health, Education and Social Development by the Free State Provincial Legislature, Health MEC, Mathabo Leeto, shed light on the situation. 

Source: Auditor-General's report to the Standing Committee on Public Accounts

Speaking on behalf of the department, Leeto emphasised the inevitability of human error among medical practitioners, underscoring the importance of ongoing skill development to mitigate such occurrences. She also highlighted the impact of advancing technology, suggesting that medical practitioners should equip themselves with new skills.

“Medico-legal claims are a challenge we face because doctors are human beings – now and then they commit mistakes that result in litigation. That’s the main challenge we face as a department because last time I received information, I think we were in about R5 billion litigation debt,” she explained.

Source: Auditor-General's report to the Standing Committee on Public Accounts

In response to the issue, Leeto said her department is actively working to equip its medical professionals with enhanced skills and resources. She also noted the importance of fortifying the department's legal arm to navigate the complexities of litigation effectively. While acknowledging that legal battles can be protracted and financially draining, Leeto stressed the importance of tightening up the legal department to ensure the Free State Health Department is adequately defended and not taken advantage of by opportunistic litigators.

Source: Auditor-General's report to the Standing Committee on Public Accounts

Leeto also noted a trend wherein individuals previously sought recourse through avenues such as the Road Accident Fund (RAF) and said they are now turning their attention towards the healthcare system. She said this redirection of legal focus in seeking remuneration could be attributed to tightening regulations and increased scrutiny within other sectors such as RAF. 

Consequently, the health sector has become a more attractive target for compensation claims, leading to a surge in legal challenges against the Department of Health.

OFM News/Kekeletso Mosebetsi cg/mc