Shangula reacts to flurry of negligence lawsuits

Health minister Dr Kalumbi Shangula says the many lawsuits his ministry continues to face over alleged negligence by its medical staff do not give him sleepless nights because not all of them succeed in court.Over the past two years, the health ministry has been dragged to court and sued for millions over alleged negligence during surgeries, often related to obstetrics.During that period, the Legal Assistance Centre (LAC) has been involved in at least 15 cases in which members of the public have sued the ministry for negligence.Speaking to Namibian Sun this week, Shangula said although the ministry is aware of several lawsuits against it for alleged negligence, the cases must first be investigated and proven in a court of law. He emphasised that Namibians have the right to seek redress if they feel aggrieved. "There is negligence in some cases, but it is crucial to understand that not every claim reflects actual malpractice," Shangula stressed.He noted that aggrieved parties have the right to approach legal counsel, but outcomes depend on factual evidence presented in court.CostlyAn audit tabled in the National Assembly last year shows that the ministry forked out N$3.2 million during the 2021/2022 fiscal year in connection with 12 medical lawsuits.Among recent lawsuits, Amalia Festus filed a N$3.85 million lawsuit against the ministry in June this year, after her womb was allegedly surgically removed without her consent during an operation in 2017.More recently, six years after their 10-year-old daughter's death due to severe blood loss following a tonsillectomy at Khorixas hospital, the parents sued the health ministry for N$1.9 million in damages.According to Thewelensia /Naris, her daughter had suffered from frequent bouts of tonsillitis. The girl's death certificate indicated she died as a result of suffocation due to blood inhalation and severe blood loss after a tonsillectomy in April 2018. The case was settled in late September for an undisclosed amount, court documents showed. One-sided accountsShangula criticised the media for often reporting only the claimant's perspective, creating a misleading narrative that negligence is prevalent across the board."We always investigate these claims, and if we find they lack merit, we defend ourselves. The court will ultimately decide based on the evidence from both parties. Of course, we investigate honestly, and then when we feel that there was negligence on the part of the hospital or staff, we negotiate a settlement without even going to court because we feel perhaps something was not done correctly," he explained.MisunderstandingsThe ministry recognised that many claims arise from misunderstandings about medical procedures, particularly in obstetrics cases. "These situations are complex and can lead to claims based on misinterpretation of events," Shangula said."For instance, if a patient presents late with complications, it may be perceived as negligence when, in fact, the medical staff acted appropriately given the circumstances."To mitigate future claims, Shangula said the ministry has implemented continuous training and development for healthcare professionals. This includes workshops and guidelines for new graduates, aimed at enhancing their understanding of patient care and potential complications. "We conduct regular audits of cases, and staff are trained to avoid errors in the future," he said.Despite the legal claims, the minister reassured the public that the ministry takes each allegation seriously and strives to provide high-quality care. "We engage with those affected to explain the medical decisions made during treatment, helping to clarify misunderstandings," Shangula said.

Shangula reacts to flurry of negligence lawsuits

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Namibian Sun 2024-11-21

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Shangula reacts to flurry of negligence lawsuits

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Namibian Sun 2024-11-21

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