Project 141

Medico-Legal Claims

Project 141: Medico-Legal Claims was included in the SALRC's research programme pursuant to requests from the Department of Health and the Minister of Justice and Correctional Services to the SALRC to conduct an investigation into medico-legal claims, especially claims against the state.

No legislation currently exists in South Africa to specifically address legal claims in the medical field, which means that claims based on medical negligence are dealt with under the common law. The escalation in medical negligence litigation against the State, and in particular the increase in the size of the damages sought and awarded, has become a major cause for concern. There is an urgent need to undertake reform of the law to regulate a system that will become paralysed if no action is taken. It is crucial to cut down on litigation that consumes time and money.

Media Statements

Issue Paper

  • Issue Paper 33 (Project 141) Medico-Legal Claims.
    Closing Date for comment: 30 September 2017.

Discussion Paper

  • Discussion Paper 154, Project 141: Medico-Legal Claims. Issued 11 Nov 2021.
    Closing date for comments: 31 Jan 2022    .
    Closing date for comment extended: 28 February 2022.

Report

  • Project 141: Report on Medico-Legal Claims, 29 September 2026
    The report contains the Commission's final recommendations, including draft legislation, for improving the manner wherein the state deals with medico-legal claims instituted against state departments. The Commission recommends the adoption of two new Bills, namely the "Redress for Medical Negligence Claims against State Bill", and the "Medico-Legal Litigation against State Bill", to deal with medico-legal claims against the state.