The government has asked the Constitutional Court to allow provinces to provide treatment instead of lump-sum payouts when patients are harmed through medical negligence. It argues that the current system is draining provincial health budgets. Total medico-legal claims exceed R50bn as a result.
The Eastern Cape, Gauteng and Limpopo account for 74% of claims. The Eastern Cape, which faces nearly R20bn in claims, is leading the challenge. Moreover, it has the support of the national health department and all eight other provinces.
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