The Mpumalanga Department of Health’s (DoH) total medico-legal liability has climbed to R6.3b, with new claims worth more than R1.7b lodged against the department during the 2024/25 financial year.

This emerged following a media enquiry into the DoH’s growing medico-legal burden after the Portfolio Committee on Health’s report revealed that 146 new claims, valued at about R1.705b, had been lodged against the department during the reporting period.

In response to questions from Lowvelder, the DoH confirmed that its current total contingent liability relating to medico-legal claims stands at R6.3b.

The DoH further confirmed that all 131 medical negligence cases recorded during the 2024/25 financial year were new matters.
Obstetrics and gynaecology remain the largest source of medico-legal claims facing the department.

According to the DoH, 67 of the medical negligence cases are related to obstetric and gynaecological matters, making it the single biggest contributor to the province’s medico-legal exposure. The hospitals accounting for the highest number of medico-legal claims are KwaMhlanga Hospital, Mapulaneng Hospital, Rob Ferreira Hospital and Tintswalo Hospital.

The DoH also identified Ehlanzeni as the district recording the highest number of medico-legal claims. The department indicated that officials are disciplined when allegations arise and that it is currently implementing a litigation strategy aimed at reducing medico-legal claims.

“The DoH is currently implementing the litigation strategy by conducting sessions in facilities contributing to medico-legal [claims] on the impact and the identified gaps and it’s showing improvement,” said departmental spokesperson Chris Nobela.

The growing legal burden continues to place pressure on provincial healthcare finances. During the 2024/25 financial year, the DoH paid about R64.8m in medico-legal settlements and interim payments. The department has budgeted R91m for medico-legal settlements during the 2025/26 financial year.

Authorities have also confirmed that healthcare facilities and service areas contributing to recurring medico-legal claims are continuously analysed to guide interventions aimed at reducing future litigation and improving patient care.

The Portfolio Committee report previously revealed that medical negligence accounts for the overwhelming majority of claims lodged against the DoH, with obstetrics and gynaecology-related cases alone representing more than R1.1b of the R1.7b in new claims recorded during the reporting period.

The scale of the province’s medico-legal liability highlights the ongoing challenge facing the health sector as it attempts to improve patient outcomes while containing the growing cost of litigation.