Abstract

PRINSEN, L. The leading causes of medicolegal claims and possible solutions. SAMJ, S. Afr. med. j. [online]. 2023, vol.113, n.4, pp.1140-1142. ISSN 2078-5135.  http://dx.doi.org/10.7196/SAMJ.2023.v113i4.134.

Medicolegal claims in the South African health sector have markedly increased since about 2007. This is of importance, because money spent on these claims from the public health budget is money that should have been spent on the healthcare priorities identified in the National Department of Health (NDoH) Strategic Plan. We need to understand why these claims have increased so drastically. This article discusses the causes of increased claims, which include clinical errors, maladministration and mismanagement; the legal profession's contribution to the problem; legal developments; patient awareness; and some other additional causes. Possible solutions are also offered, such as those related to the NDoH National Core Standards and Ideal Clinic initiative to improve quality of care standards; improving the healthcare system and quality of care; better distinguishing between valid and invalid or fraudulent claims; the possible role of fit-for-purpose legislation; and a reconsideration of compensation methods.

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