Health faces multiple lawsuits
Negligence cases are piling up in the local high court pertaining particularly to maternal healthcare.
Lawsuits against the health ministry, alleging gross and often fatal medical negligence, continue to flood Namibian courts and a non-profit organisation that has stepped up to help hold the ministry accountable for the past decade says there are likely more cases that don't make it before a judge.
Moreover, cases tackled by the Legal Assistance Centre (LAC) over the past years have shown that the most vulnerable of Namibians, women and children, are most often the victims of medical negligence.
The LAC currently has 13 cases pending before court, nine of which are vaccine related, says Corinna van Wyk, a lawyer at the LAC.
Earlier this month, Namibian Sun reported that the Health Professions Councils of Namibia (HPCN) currently have 30 pending cases of unprofessional conduct, the majority of which are related to maternal healthcare.
But cases of negligence are reported more often than lawyers can take on, Van Wyk says.
“We have clients walking in daily with issues of medical negligence, but due to the costs involved to obtain medical opinions and due to issues such as prescription and lack of standing, we are not always able to take on each and every matter.”
Protocol and care
Although many cases on the LAC's books are related to vaccines, Van Wyk says there are many factors that contribute to babies' deaths and they may not be vaccine related at all.
“It is not the LAC's intention to take these matters on because we are against vaccines. In fact, we advocate for the right to health, but this includes the pre-administration procedures that are required to be above average in order to ensure that the vaccines administered are safe for humans, especially for infants who generally have weaker immune systems than older children or adults.”
The most pertinent issues revolve around what happens before immunisation.
This includes storage and transport of vaccines, their expiry dates and what underlying health conditions infants or children present with.
Other cases have involved mothers who lose infants during labour, and often involve uncaring or negligent attitudes by nurses, who have been accused of refusing to assist the women or to call doctors. “The reasons for medical negligence cases are endless, each case bearing its own merit of course. There are many scenarios to each case,” Van Wyk says.
Be aware
She emphasises that it is all about public awareness and knowledge.
“I think the public requires much education to empower them to make informed decisions, which they often do not have at the time the vaccinations are due.”
She referred to routine vaccination campaigns, where members of the public were immunised against measles and rubella although they had been vaccinated already.
“The proper thing to have done was to inform the public better, but more specifically that every individual must be given proper information by the staff administering the vaccines and in a language sufficient to inform the patient before consenting to any service.”
Track record
The LAC's support in medical negligence cases dates back to 2008 and 2009, when it successfully sued the government for forceful sterilisation of HIV-positive women without their informed consent.
“We could only deal with 15 at the time, although there were many more...” Van Wyk says.
Although she adds that it is difficult to comment on the general attitudes of medical staff at state health facilities, it is common knowledge that there are serious concerns about shortages of facilities and medicines, as well as staff competence.
“I see no reduction in cases of medical negligence in our state facilities,” Van Wyk says.
In 2012, a presidential commission of inquiry was set up following alarming reports of negligence, often deadly, in the public health sector.
The commission highlighted serious concerns about staff attitudes, particularly among nurses, who complained of being overworked and undertrained.
Namibian Sun reported in March that the World Health Organisation recommends an ideal ratio of one health professional for every 435 people (1:435), the current ratio of medical officers to the population in Namibia is 1:4 234. The ratio of registered nurses in the public sector is 1:761.
A health ministry spokesperson said the current challenges were compounded by dwindling financial resources.
Although there may be health professionals who are ready to join the job market, a lack of money prevents the ministry from recruiting them.
JANA-MARI SMITH
Moreover, cases tackled by the Legal Assistance Centre (LAC) over the past years have shown that the most vulnerable of Namibians, women and children, are most often the victims of medical negligence.
The LAC currently has 13 cases pending before court, nine of which are vaccine related, says Corinna van Wyk, a lawyer at the LAC.
Earlier this month, Namibian Sun reported that the Health Professions Councils of Namibia (HPCN) currently have 30 pending cases of unprofessional conduct, the majority of which are related to maternal healthcare.
But cases of negligence are reported more often than lawyers can take on, Van Wyk says.
“We have clients walking in daily with issues of medical negligence, but due to the costs involved to obtain medical opinions and due to issues such as prescription and lack of standing, we are not always able to take on each and every matter.”
Protocol and care
Although many cases on the LAC's books are related to vaccines, Van Wyk says there are many factors that contribute to babies' deaths and they may not be vaccine related at all.
“It is not the LAC's intention to take these matters on because we are against vaccines. In fact, we advocate for the right to health, but this includes the pre-administration procedures that are required to be above average in order to ensure that the vaccines administered are safe for humans, especially for infants who generally have weaker immune systems than older children or adults.”
The most pertinent issues revolve around what happens before immunisation.
This includes storage and transport of vaccines, their expiry dates and what underlying health conditions infants or children present with.
Other cases have involved mothers who lose infants during labour, and often involve uncaring or negligent attitudes by nurses, who have been accused of refusing to assist the women or to call doctors. “The reasons for medical negligence cases are endless, each case bearing its own merit of course. There are many scenarios to each case,” Van Wyk says.
Be aware
She emphasises that it is all about public awareness and knowledge.
“I think the public requires much education to empower them to make informed decisions, which they often do not have at the time the vaccinations are due.”
She referred to routine vaccination campaigns, where members of the public were immunised against measles and rubella although they had been vaccinated already.
“The proper thing to have done was to inform the public better, but more specifically that every individual must be given proper information by the staff administering the vaccines and in a language sufficient to inform the patient before consenting to any service.”
Track record
The LAC's support in medical negligence cases dates back to 2008 and 2009, when it successfully sued the government for forceful sterilisation of HIV-positive women without their informed consent.
“We could only deal with 15 at the time, although there were many more...” Van Wyk says.
Although she adds that it is difficult to comment on the general attitudes of medical staff at state health facilities, it is common knowledge that there are serious concerns about shortages of facilities and medicines, as well as staff competence.
“I see no reduction in cases of medical negligence in our state facilities,” Van Wyk says.
In 2012, a presidential commission of inquiry was set up following alarming reports of negligence, often deadly, in the public health sector.
The commission highlighted serious concerns about staff attitudes, particularly among nurses, who complained of being overworked and undertrained.
Namibian Sun reported in March that the World Health Organisation recommends an ideal ratio of one health professional for every 435 people (1:435), the current ratio of medical officers to the population in Namibia is 1:4 234. The ratio of registered nurses in the public sector is 1:761.
A health ministry spokesperson said the current challenges were compounded by dwindling financial resources.
Although there may be health professionals who are ready to join the job market, a lack of money prevents the ministry from recruiting them.
JANA-MARI SMITH
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