The Eastern Cape health department is set to pay over R15m in damages to a patient left disabled during birth, a payout that could strain its finances and impact services to other patients. The Bhisho High Court ordered the department to pay the hefty sum, which includes general damages, loss of earnings, accommodation, transportation, and lifelong caregiving needs. Department spokesperson Siyanda Manana described the injuries as "very unfortunate" but emphasized that there was no intentional negligence on the part of the department or its staff.
The judgment, handed down in August, found the department liable for damages arising from the child's birth at Mthatha General Hospital in June 2019. The court ordered the department to pay R2.1m in general damages, R2.3m for loss of earnings, R1.4m for accommodation needs, R3.8m for transportation needs, nearly R500,000 for a case manager, and R4.9m for caregiving. The order excludes costs of expert witnesses, travel, accommodation, expenses, and subsistence incurred by the child, her representatives, and experts.
The department is concerned about the impact of the judgment on its finances and plans to negotiate a payment arrangement to avoid affecting services to other patients. Manana said, "In relation to the payment, because the amount is so huge and it affects the purse of the department, what we normally do is that we try to negotiate so that ... we don’t then impact on the delivery of [services] to other patients." The department will seek to reach an agreement on how the amount would be paid.
The court had to consider whether the department's newly introduced caregiving mechanism for children with disabilities could be relied on instead of the child receiving the amount claimed for lifelong care. However, Judge Avinash Govindjee found that the department had failed to show that the caregiving program would provide the child with the standard and security of care she would need for the rest of her life. The judge emphasized that the department's proposed arrangement was insufficient due to a lack of details on the service provider's obligations and the mechanisms for ensuring performance.
Govindjee's judgment highlighted concerns about the standard of the proposed service and its future availability. The award letter for caregiving services was for 36 months, while the child's need for care was lifelong, taking into account her reduced life expectancy and the practicalities of implementing the arrangement. The judge also noted that the department does not itself employ or provide the caregivers, and the entire arrangement depends on an independent service provider.
Children's rights activist Petros Majola said despite its size, the award would not undo the damage done to the child and her family. The court ordered that the payment be made in three equal instalments, with the first due within 30 days, the second within 60 days, and the balance within 90 days of the order. Any instalment not paid on its due date shall bear interest at the prescribed legal rate from the due date to date of payment.
The Eastern Cape health department's financial strain may have implications for healthcare services in the region. The payout is a significant burden, and the department's efforts to negotiate payment terms aim to mitigate the impact on its finances. The case highlights the need for adequate healthcare services and support for children with disabilities, as well as the importance of accountability and compensation for medical negligence.
Key points
- The Eastern Cape health department faces a R15m payout for a birth injury, which may impact services to other patients.
- The department plans to negotiate a payment arrangement to avoid affecting services to other patients.
- The court found the department liable for damages arising from the child's birth at Mthatha General Hospital in June 2019.