Tag: medico-legal claims

Categories : Ethics and LawTags :

HealthTech: Navigating Legal Solutions for Africa’s Growing HealthTech Sector

On By ModernMedia
Photo by Kamil Switalski on Unsplash

HealthTech is transforming healthcare through AI, mobile applications, wearable devices, telemedicine, and big data analytics. While these advances offer enormous potential to improve patient outcomes and operational efficiency, they also raise complex legal and regulatory challenges – spanning intellectual property, data privacy, licensing, corporate governance, funding, taxation, and litigation.

Webber Wentzel’s Navigating HealthTech Legal Solutions highlights the firm’s extensive experience in helping innovators, investors, and healthcare providers across Africa address the legal and regulatory complexities of HealthTech. Mapping out the complexities at play across both the technology and the law, this resource brings together Webber Wentzel’s cross-practice teams to give clients a holistic perspective on opportunities, risks, and emerging trends in healthcare innovation.

“Our clients are leading the way in healthcare innovation, and they need legal partners who understand the sector end-to-end,” says Bernadette Versfeld, head of the Consumer sector. “This resource demonstrates how we help businesses navigate regulatory hurdles, adopt new technologies, structure investments effectively, and manage risk, all while enabling growth and innovation.”

Drawing on extensive experience working with healthcare companies, insurers, tech providers, investors, and regulators across Africa, the report provides insights into medical device licensing, HealthTech investment structuring, protecting personal health data, managing litigation risks, and compliance with South Africa’s National Health Insurance Act.

“As part of our ongoing commitment to supporting Africa’s healthcare sector, Webber Wentzel continues to advise on emerging trends, innovative technologies, and regulatory developments. By combining deep sector knowledge with cross-practice expertise, we help clients not just respond to change but shape it, empowering them to navigate the complex intersection of healthcare and technology,” adds Versfeld.

Access Navigating HealthTech Legal Solutions here.

Categories : Ethics and LawTags :

SIU Takes Aim at Ballooning Dodgy Medical Litigation that is Costing the Government Billions

On By ModernMedia
Photo by Scott Graham on Unsplash

By Sandiso Phaliso for GroundUp

Payments of medical related legal claims (medico-legal) against the Department of Health ballooned to R2.7-billion in 2023. In 2013, it was R265-million. This is according to the Special Investigating Unit (SIU) when it briefed the Standing Committee on Public Accounts (SCOPA) last week.

SIU head advocate Andy Mothibi told SCOPA it found evidence of collusion between attorneys, touts, nurses and doctors, in both public and private healthcare. Some law firms also withdrew claims when the SIU started investigating them. This had stopped about R3-billion in fraudulent claims, he said.

Claims under investigation included those targeting families with children born with cerebral palsy, false claims of medical malpractice in state hospitals, and collusion between state healthcare workers and rogue lawyers to unlawfully secure private medical records to initiate claims against the government.

They uncovered cases of agents of rogue law firms impersonating officials of the South African Social Security Agency to secure powers of attorney on behalf of victims by claiming to be securing them social grants. He said they found two attorneys pursuing identical claims for the same individual in two different courts, and for vastly different amounts, in one case for R7.5-million and R25-million for the same patient and same condition

Mothibi said the health sector experienced an explosion of medical practice litigation cases in 2015, directed against health institutions and individual medical practitioners in both public and private practice.

Mothibi said in one case a claimant demanded R70-million for a supposedly botched circumcision at a Limpopo hospital when no circumcision had been performed.

Read the SIU presentation to Parliament

In 2017, the SIU started targeting provinces with the highest share of claims. At that stage, the Eastern Cape’s contingent liability for medico-legal claims was R15.9-billion; in Gauteng, it was R21.2-billion.

In the Eastern Cape, most medico-legal claims emanated from one Johannesburg-based law firm, Nonxuba Attorneys Incorporated. In five years, from 2012 to 2017, the firm submitted 44 claims totaling R497-million against the provincial health department. Nine claims for children born with cerebral palsy were identical each demanding R15-million.

“This was suspicious and indicated a lot of cut-and-paste on the part of this legal firm,” said Mothibi.

The company has, according to Mothibi’s presentation, been charged.

We have been unable to get hold of Nonxuba Attorneys and Business Day has previously reported that the company’s owner, Zuko Nonxuba, has been suspended from legal practice.

Also, in the Mthatha High Court claims increased from 46 to 529 between 2010 and 2016. There was collusion, said Mothibi, between some officials in the Office of the State Attorney, whereby out-of-court settlements for hefty sums were entered into without the mandate or even the knowledge of the department.

MP Veronica Mente-Nkuna (EFF) wanted to know the names of the legal firms implicated besides Nonxuba Attorneys and what the legal bodies have done about their operating licences.

She asked why the Department of Health had not conducted its investigations before the claims were paid. Who was responsible for the loss of money through these fraudulent claims, she asked.

Republished from GroundUp under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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