Tag: medical negligence
Navigating the complexities of claims and procedure
In a recent case of MM obo GM v the North West Province's Department of Health MEC, (782/2022) [2024] ZASCA 52, an appellant's claim for certain damages was struck from the roll by the Supreme Court of Appeal and her claim for personal damages was remitted to the trial court for determination.
The curious case of costing the NHI
While the President has signed the National Health Insurance (NHI) into law, the bean counters at National Treasury have yet to start looking for their excel sheets needed to ensure the NHI is fully costed. The first reason is due to the confusion of objective versus political ideology. The NHI has been touted as introducing “universal healthcare coverage” (UHC).
Understanding prescription in medical malpractice claims
Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes.
Why are there no recorded claims against COVID-19 related medical negligence?
During the first wave of infections in South Africa, there were several allegations of negligence in various institutions leading to 'mass infections' – for example, amongst others, the Saint Augustine Private Hospital incident in KwaZulu-Natal, Durban.
How AI and ML can solve the problem of medical fraud
Medical malpractice litigation costs South Africa millions of Rands every year and drives up the cost of healthcare. While some claims of medical negligence have merit, the unfortunate reality is that there has been a spike in fraud in this area since 2017.
