By KEDIBONE MOLAETSI
26 August 2024 – The Chairperson of the Portfolio Committee on Health, Dr Sibongiseni Dhlomo, has expressed his unequivocal support for the ongoing investigation by the Special Investigating Unit (SIU) into the alarming rise of medico-legal claims against the healthcare system. Dhlomo said this investigation is not merely a procedural exercise, but a critical step towards restoring integrity, accountability and trust within the health sector.
He further said the backdrop of this investigation is deeply concerning. Dhlomo added that since 2015, they have witnessed an unprecedented surge in medico-legal claims, with figures reaching staggering amounts that threaten the sustainability of the healthcare system.
“The findings presented by the SIU reveal a disturbing pattern of fraudulent claims, unethical practices and collusion among legal practitioners, healthcare professionals and even some officials within our system.
“Such actions not only undermine the credibility of our healthcare services, but also divert essential resources away from patient care. The SIU’s investigation has uncovered numerous instances of malpractice, including claims that are not only inflated but, in some cases, entirely fabricated,” he said.
For instance, said Dr Dhlomo, the revelation of claims for millions of rands based on supposed medical negligence that never occurred. He said it is unacceptable that individuals and families who genuinely require support and compensation for legitimate grievances are being exploited by unscrupulous actors seeking personal gain.
“The implications of these findings are profound. Firstly, they highlight the urgent need for comprehensive reforms within our medico-legal framework. We must address the root causes of this crisis, including the need for improved patient safety protocols, better record-keeping practices, and enhanced communication between healthcare providers and patients.
“The recommendations from the 2015 Medico-Legal Claims Summit remain relevant, and we must revisit and implement these solutions with urgency. The Department of Health must continue with the good practices of fire drills and more retraining of healthcare professionals to reduce negligence,” said Dhlomo.
However, he said the fundamental threat to this is ensuring that all records and files are captured electronically. Dhlomo said it is in this space that they can mitigate the risks associated with the physical handling of files, which are often vulnerable to theft, whether by healthcare professionals or lawyers from their hospitals.
“If those records are kept electronically, we will see a significant reduction in fraudulent claims, especially when coupled with fire drills. He stressed that fire drills are a mock exercise as if the situation is happening for real, preparing healthcare professionals to be ready when the situation happens for real.
“This preparation is essential in fostering a culture of safety and accountability within our healthcare system. Secondly, the legal ramifications of the SIU’s dings cannot be overstated,” he said.
Dhlomo said the referral of implicated attorneys and healthcare professionals to the National Prosecuting Authority (NPA) for criminal charges signifies a robust response to corruption and fraud within the system. He said it sends a clear message that unethical behaviour will not be tolerated and that those who exploit the healthcare system for personal gain will face the full force of the law.
The Guardian 