Soaring medical malpractice litigation in South Africa and its implications for the implementation of the proposed national health insurance scheme.
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Date
2019
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Abstract
South Africa (SA) is a new democracy since 1994 with a new constitution that outlaws
all forms of discrimination and affords equality to all men and women who live in it.
The previous regime had entrenched discrimination based on race where the majority
non-white population was denied privileges afforded their white counterparts. This
arrangement ran for a period longer than 300 years and has resulted in abject poverty
and lack of education for the majority black population. Poverty and lack of education
are significant hindrances to development and when compounded by a burden of
disease will further stymie development.
Provision of free healthcare and education would assist the previously disadvantaged
communities as it will ensure that the little resources they may have, can better be
utilised on other needs such as food and clothing. This study will focus on the
provision of free healthcare and not free education.
South Africa has inherited two systems of healthcare, one public and the other private,
which are seemingly in competition with each other. The public healthcare looks after
most of the poor population whereas the private services few individuals with affluence
as it is fee-based. Perhaps it would be ideal to have the two systems of healthcare
functioning synergistically rather than antagonistically. The proposed National Health
Insurance scheme (NHI) for South Africa, with pilot sites already running is an attempt
by the government to achieve the goal of universal healthcare which is in line with the
United Nation’s Millennium Development Goals (MDG) targeted at poverty reduction,
but is perceived as a threat to private healthcare because of the position adopted by
government in the NHI white paper, which states that the role of private healthcare will
be only complimentary to the NHI and provide those services which the NHI will not
be providing. This is a clear threat to the existence of private healthcare.
Implementation of the NHI scheme is not without challenges such as infrastructure,
personnel and financial resources like the soaring medical malpractice litigation.
There are numerous factors which are contributing to the soaring medical malpractice
claims worldwide and South Africa is not exempted, as recorded that in the past four
years the Department of Health (DOH) had incurred R1.2 billion in legal costs related
to medical malpractice claims. Therefore, soaring medical malpractice claims threaten
the survival of the present healthcare systems and will further hinder the
implementation of the NHI scheme as it ravages the financial resources allocated for
healthcare provision and threatens the existence of the high-risk medical specialities
(like obstetrics and gynaecology, neuro-surgeons and orthopaedic surgeons). This
trend is likely to worsen in South Africa as medical malpractice claims continue to
devour financial resources intended for the provision and improvement of healthcare
services.
The National Health Service (NHS) in the United Kingdom (UK) celebrated its 70th
birthday recently, was a response by the government to provide universal access to
quality healthcare for all the citizens as a response to the devastation of World War II.
The experience of the NHS provides insights into the challenges of implementing a
universal healthcare service in an inequitable society.
Description
Masters Degree. University of KwaZulu-Natal, Durban.