Court halts lawyer’s allegedly fraudulent claims

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The subject of a probe, he is accused of mounting scores of illegitimate cases of medical negligence against health departments

The Western Cape High Court has stopped a controversial lawyer from instituting cases against the provincial health department, pending the outcome of an investigation into his conduct by the Legal Practice Council.

The Eastern Cape is one of the provinces hardest hit by medical negligence claims. In 2017-18 it paid out R876.7m to claimants, representing 32% of all the claims paid nationwide. In an order handed down on June 18, Judge Owen Rogers gave the Legal Practice Council six months to report back on its investigation into Nonxuba, which was triggered by a complaint laid by the Western Cape health department to the Cape Law Society in July 2018. In the interim, he interdicted Nonxuba from lodging any further medical negligence claims against the provincial health department.

Court papers show that Nonxuba had 57 medical negligence claims for birth injuries pending against the Western Cape health department in July 2018, representing about one third of all the obstetric-related claims it faced at that stage. Thirty-three of Nonxuba’s claims, totalling R484.1m, were alleged by the department to be “vexatious and fraudulent”. Five of those claims were subsequently withdrawn.

 

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