The matter before him was a claim by the mother of a now seven-year-old boy, who was starved of oxygen during birth, leaving him mentally and physically disabled.Just before the trial to determine what the department must pay, it filed a notice to amend its papers and raised the “public health-care defence”, saying the medical services and supplies the child needs are available in the public health-care sector at no cost or a lesser cost than in the private sector, and at an equal standard.
These included a “network of hospitals and facilities”, including King Edward VIII Hospital, the KZN Children’s Hospital, the Phoenix Assessment and Therapy Centre,Chambers said from the financial years 2014/15 to 2018/19, the department had paid out more than R965m in similar negligence claims.
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KZN health MEC loses bid to pay back negligence 'in kind' instead of in cashKwaZulu-Natal health MEC Nomagugu Simelane-Zulu has lost a court bid to render state health services to a child born with cerebral palsy as a result of hospital negligence, rather than pay out millions of rand for private health care.
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