06 Aug 2025

Ministry of Health has revealed that it began tracking medicolegal cases in 2021, making it difficult to quantify cases prior to that year. in response to a parliamentary inquiry.

Assistant Minister of Health, Mr Lawrence Ookeditse disclosed to Parliament on Thursday, that the ministry had experienced a significant number of such cases, which tended to take a long time to resolve due to complex court processes.

According to Mr Ookeditse, the ministry recorded 68 medicolegal cases in 2021, followed by 33 in 2022, 50 in 2023, and 60 in 2024. In the first half of 2025, specifically from January to July, 41 new cases were recorded. 

However, he noted that the ministry could not provide an exact figure on the total amount spent to settle these claims.

He added that, through legal channels, the ministry, in conjunction with the Attorney General, had handled cases demanding over P6.5 billion. The average payouts for these cases range from P150,000 to P3 million, depending on the nature of each case.

To mitigate the financial and administrative impact of medicolegal disputes, the Ministry established a Medico-Legal Unit in 2021, staffed with officers dedicated to responding to medicolegal cases. Mr Ookeditse stated that the unit has actively explored alternative dispute resolution methods to ensure grievances do not escalate into protracted legal battles.

Another key intervention, he added, was the ongoing training of healthcare workers on medicolegal issues. 

Furthermore, he said  the  ministry had also intensified training programmes across various cadres of healthcare professionals to foster a diverse skill set that enhanced effective patient care and improves patient outcomes.

Additional measures include encouraging settlement of cases out of court, the introduction of medicolegal Pitso (dialogue sessions), and enhancing feedback mechanisms to service providers. These initiatives aim to facilitate learning from past cases and prevent recurrence.

The assistant minister was responding to a question from Member of Parliament for Kanye West, Mr Victor Phologolo who requested an update on the current and past 15 years’ data regarding medical malpractice and negligence cases faced by the government, as well as the financial implications.

He also inquired about the total amount paid to settle claims against the ministry and the steps taken to minimize such occurrences and their fiscal impact. ENDS