Teboho Setena
The number of medicolegal claims against the Free State Department of Health has increased by R2 billion in the last year. MEC Monyatso Mahlatsi labelled them as one of the most financially devastating challenges facing his department.
He highlighted the impact of legal claims during a presentation of his department’s budget vote on 25 April in the Free State Legislature in Bloemfontein.
These claims are legal actions based on medical negligence or malpractice, often involving injuries or deaths resulting from medical treatment.
“As of 31 May 2025, our contingent liability stands at a staggering R6,1 billion. This figure represents an unsustainable burden that, if claims were to be paid out all at once, could cripple the Department. These claims represent the price we are paying for systemic weaknesses, particularly in maternal and neonatal care. At the centre are claims related to cerebral palsy, a proxy for gaps in critical services during pregnancy, labour and neonatal care,” said Mahlatsi.
“At the National Health Council, it was agreed that provinces should support the Special Investigating Unit (SIU). Additionally, there is an urgent need for legislation to allow state facilities to provide future care for affected patients, rather than unsustainable lump-sum payouts. Evidence suggests this reform could reduce payouts by up to 80%, while still ensuring appropriate support for families. This is a clarion call to prevent the harm that leads to it,” said Mahlatsi.
Last year, the provincial department had approximately 417 medico-legal claims, estimated at R4,9 billion. The department reportedly paid about R2,48 billion between 2020 and 2023 in medical negligence claims.
These claims, submitted by attorneys, were reportedly under investigation by the SIU, with specific focus into irregularities and wrongdoings within these claims, including potentially fraudulent practices.
