JUDGE SLAMS GAUTENG HEALTH MEC OVER MEDICAL NEGLIGENCE
Today is the deadline for Gauteng Health MEC Qedani Mahlangu to respond to an order by a South Gauteng High Court judge to explain why she should not pay for the punitive legal costs of a medical negligence trial out of her own pocket.
Last week Acting-Justice Ronée Robinson said in a scathing judgement reported on by Moneyweb that she "cannot appreciate why the taxpayer should bear the sole brunt of the failure by the public service to perform its duties adequately" (see here).
The case concerns negligence by the Charlotte Maxeke Johannesburg Hospital in delaying treatment for nearly two hours to Vuyusile Eunice Lushaba in June 2000 when she gave birth to her son, Menzi. He was born with spastic quadriplegic cerebral palsy as a result of the delay and can neither sit nor walk. Lushaba sued the MEC for Health in 2012, and the matter was heard earlier this month.
Acting-Judge Robinson slammed MEC Mahlangu for defending the matter on spurious grounds. "The defendant's persistent denial of negligence raises concerns that it persists in not appreciating its obligation towards the public it is meant to serve."
The judge also commented on "the lamentable conduct of the litigation by the State Attorney," including failure to appear in court and to comply with time periods and court orders.