We understand that the purpose of the State Liability Amendment Bill is to reduce the impact of lump sum payments on provincial health budgets, allowing provincial health departments to better manage the competing demands on their resources. According to the memorandum, reducing the impact of lump sum payments for medical negligence will allow the State to channel the savings towards improving health care services for all, thereby reducing the overall incidence of medical negligence.

We are of the view, however, that the proposed amendment to the State Liability Act is not the appropriate solution to reducing the burden of medical negligence claims and we accordingly do not support the promulgation of the State Liability Amendment Bill.

We lay out below some of our concerns with the approach taken to this matter, before reflecting briefly on specific concerns with the Bill itself.

SECTION27 submissions on State Liability Amendment Bill 19 October 2018