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Proposed limits on medical negligence claims

Dr Peter Cooper, the head of the Wits paediatric section, was quoted recently in the media suggesting a limit on medical negligence claims. It is not surprising to read this, because we have known for years that medical negligence claims would grow. That growth will come from two particular factors – the one being the fact that there is a lot more incompetence in the State Hospitals than one could possibly hope for or believe and secondly, because a lot of attorneys who used to focus on Road Accident Fund work, and because the Road Accident Fund work has decreased so much, have moved to this field. There is also the factor that it may well be in many cases where road accident victims were treated poorly by a hospital that the Road Accident Fund has ended up paying out the money whereas perhaps some of it should have been paid out by the hospital itself and was not solely as a result of the actual accident, but partially also as a result of medical incompetence.

The doctor apparently told a conference that he is aware of at least twenty pending claims against the Chris Hani Baragwanath Hospital and said that the government cannot afford such claims. One would think that the first step for the government would be to fix up the paediatric section of the Chris Hani Baragwanath Hospital and reduce the claims against it, rather than always try to simply cap the compensation of people who get injured or babies whose lives are completely ruined because of inadequate and incompetent medical services. Our website at www.personalinjury.co.za deals with medical negligence issues and you can read more about it on that website.

Posted by Michael de Broglio on Monday 18-Mar-13 Share on Facebook   Tweet It

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Comments

Tans  said:
on Friday 12-Apr-13 02:44 PM
I am astonished that any sane person will even entertain the idea of a "cap" on medical negligence claims. What about the poor victim whose foot was wrongly amputated or the poor child that is paralised? Or the lady whose newly born child is brain damaged because the Dr did not do his work properly. We will never understand what they are going through! The whole idea of compensating such people, is not to enrich them, but to put them in a "financial position" that they would have been in, had the negligence not occur. It is mere madness to entertain a cap.... I would love to know how drastically Dr Cooper will change his tune if his child or wife or even himself goes to hospital and becomes a victim of medical negligence.

sheena  said:
on Thursday 04-Apr-13 11:49 AM
Doctors of today should start taking responsibilities for their action after all it is humanly to make a mistake but not on someone's life. Government hospitals should drastically improve the service given

Joyce  said:
on Thursday 04-Apr-13 10:00 AM
I think State hospitals need to fix up their medical service by getting good skilled and competent workers and I think if all people afford to go to a private hospital there will be no one going to a State hospital because of service there.

Jessica  said:
on Thursday 04-Apr-13 09:10 AM
Please everyone's petrol has gone up to compensate for the RAF and with that prices go up and makes tax go up so they can afford it, but typical people rather want to pay an unskilled worker less than to get someone who has the skill and pay them more. It is disgusting what our government has let happen with our hospitals, police stations and any government service we actually have. I think we should be able to sue them as much as we like especially if you pay your tax.

Benita  said:
on Thursday 04-Apr-13 09:06 AM
Actions have consequences and everyone faces those consequences so should doctors get off?

sarah  said:
on Wednesday 27-Mar-13 06:59 AM
People go to doctors with trust and faith that they know what they are doing. I think the doctor or the hospital should be held liable like Yolandi said.

Tanith  said:
on Wednesday 20-Mar-13 11:46 AM
My mother was put in a wheel chair due to medical negligence, so im very nervous about trusting doctors. That one mistake has changed my mother's life forever.

Henrietta  said:
on Tuesday 19-Mar-13 09:45 AM
I agree with Yolandi, Doctors of today should start taking responsibilities for their action. How are we supposed to trust doctors when they can take chances.

Julie  said:
on Tuesday 19-Mar-13 09:22 AM
Fix the problem! You can have results or excuses - not both

Cherise   said:
on Tuesday 19-Mar-13 09:13 AM
I agree with Yolandi if the doctor or hospital is wrong they need to be liable for their actions and should worry more about the service level or lack of then putting all their focus into limiting claims.

Thabitha  said:
on Monday 18-Mar-13 04:00 PM
Baragwanath is the highest with the bad stories government must really do something about this hospital incompetents services

Yolandi P  said:
on Monday 18-Mar-13 12:53 PM
I agree one 100% with David. If the doctor or the hospital did something wrong they should be held liable. I do however believe that people take chances and it should be monitired closely to determine the validity of the case

david  said:
on Monday 18-Mar-13 11:04 AM
i think it is criminal to try to limit claims.

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Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
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