Court deals a blow to Gauteng’s bid to cut medical negligence costs

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Court deals a blow to Gauteng’s bid to cut medical negligence costs
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Supreme Court of Appeal orders health department to pay patient nearly R800,000 for treatment in private sector

The Treasury has grown increasingly concerned at the scale of the medico-legal claims against the state. Picture: 123RF

The case goes to the heart of government efforts to reduce amounts in medical negligence claims running into billions by providing public sector care instead of lump-sum settlements based on private sector rates. The Treasury is becoming concerned about the scale of medico-legal claims against the state and the risk to public finances. Provinces reported contingent liabilities of R120.3bn in 2021/22.

But the SCA judgment suggests providing medical negligence victims with a public health remedy is not necessarily a foregone conclusion.

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