Medical Negligence Claims: Structured Settlements Proposed

Original Article by Tamar Kahn | Business Day | 1 October 2026

The Law Reform Commission proposes replacing lump-sum payouts for medical negligence claims against the state with structured settlements.

Medical Negligence Claims: Structured Settlements Proposed

Image | Qunica Studio | iStock/1387630340

The South African Law Reform Commission has recommended scrapping lump-sum payouts for medical negligence claims against the state. Instead, it proposes structured "pay as you go" settlements for public sector patients.

In a long-awaited report, the commission put forward two bills. These would let patients and families seek redress through the courts or through a new administrative system run by the national health department.

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