Medical malpractice crisis in South Africa’s maternity wards
14 Jun 2023
The public is facing a medical malpractice crisis in South Africa’s maternity wards – and it is newborn babies that bear the brunt.
A single SA maternity ward faces R1 billion in negligence claims
By October last year, a single maternity ward in one hospital (Chris Hani Baragwanath) was responsible for medical negligence claims totalling R1 billion.
The majority of the claims are for cerebral palsy in babies. Other claims involved negligence leading to the deaths of babies, infections resulting in severe complications and even swabs left inside patients.
According to News24, 909 babies died from “avoidable” incidents at the hospital between 2020 and 2022. A further 1,443 babies suffered from lack of oxygen during delivery (a common cause of cerebral palsy).
Baragwanath may be among our country’s most notorious hospitals – but unfortunately, it’s far from alone in its shocking maternity ward statistics.
A growing shortage of medical specialists, broken equipment, poor training, incompetent administration and outright corruption are all factors in a growing maternal healthcare crisis.
Dismal standards of maternal and neonatal care
A handful of statistics are enough to indicate how serious the problems are.
- Birth-related injuries make up roughly half of all medical negligence claims against South African state hospitals.
- The average prevalence of cerebral palsy around the world is two per 1000 births. In South Africa, it is five times as high, at 10 per 1000 births.
- According to The Foundation for Professional Development, about 40% of maternal deaths in South Africa may be due to “community, administrative and clinical failures”.
- A study published in the South African Medical Journal claimed that as many as 71% of maternal deaths due to Caesarean sections were “preventable”.
- One report found that at district hospitals, 80% of maternal deaths from 2017 to 2019 involved substandard care.
The vital role played by medical malpractice claims
For several years, South Africa’s ruling political party, with the help of the media, has targeted the legal profession, blaming opportunistic lawyers for the millions of Rands in claims against state health departments.
The obvious response is that if there were no gross medical malpractice, there would be virtually no successful claims.
The victims of medical negligence – some suffering devastating, life-long consequences – have a legal right to compensation.
Medical malpractice claims have other important functions too:
- they help make those responsible for causing harm accountable for their actions;
- they uncover shortcomings that, if addressed, could save lives and prevent suffering;
- by securing financial compensation, they help victims of malpractice access care they desperately need; and
- they provide a rough barometer for identifying healthcare trends (especially where there’s a lack of national and provincial statistics from state sources).
For victims of medical negligence in South Africa’s maternity wards, the first step is to contact a suitably experienced legal firm. DSC Attorneys is a personal injury law firm with extensive expertise in handling medical malpractice claims, including maternal and birth injury claims. Contact the firm for the best possible legal advice and representation.
See also:
- Medical malpractice – Types and South African examples
- What constitutes knowledge of a potential medical negligence claim?
- Medical malpractice claims – Why it pays to have an experienced legal team on your side
- Wrongful death
