Proposal for medical negligence payouts to be staggered
The proposal is contained in the South African Law Reform Commission's Report.
Medical negligence payouts against the state exceeding R2-million could be shifted away from large once-off towards structured settlements, with most future damages paid periodically over the lifetime of an injured person.
The proposal is contained in the South African Law Reform Commission’s Report on Medico-Legal Claims, published this week, which recommends that courts must generally order structured settlements in successful state medical negligence claims above R2-million.
Senior State Law Advisor at the Commission, Ronel van Zyl says, “The huge lumpsum payouts have a serious impact on the budgets of the provinces. They don’t have a specific budget for medical negligence claims. So they pay the money out of their budget for goods and services- and this impacts on their ability to deliver quality health care services.”
Below is the full interview with Advocate Ronel van Zyl: