Skyrocketing liability claims are among the factors behind an exodus of obstetrician-gynaecologists (ob-gyns) from SA – and once again a finger is being pointed at greedy personal injury lawyers.

The rise in legal claims means ob-gyns can now expect to pay more than R1m a year for malpractice insurance, about four times more than they did six years ago, according to the Sunday Times.

It quotes Johannes van Waart, a council member of the SA Society of Obstreticians and Gynaecologists (Sasog), who says: ‘The indemnity insurance premiums are high not because of the number of claims but because the actual claims in obstetrics are high and can come many years later. While in 2015 the highest quantum for a claim would have been in the region of R20m, it is not uncommon nowadays to see an obstetrics claim of R50m-R80m.’

He says one of the reasons that patients are claiming dramatically bigger amounts could be that personal injury lawyers are seeking a new income stream because of legislative changes affecting the Road Accident Fund (RAF).

‘We also believe that the focus for litigation is on obstetricians, as the quantum of the claims is high.’

Adriaan Taljaard, acting chief marketing officer for the RAF, says the fund has no data that would either support or counter Van Waart's assertion about personal injury lawyers.

‘The RAF has, however, noted in the recent past similar sentiments expressed in the media, especially in relation to public health establishments. Whether a correlation exists, and to what extent, if any, is not for the RAF to say.’

Asked to comment on the allegation that personal injury lawyers target ob-gyns, the Sunday Times says the Law Society of SA did not respond.

Full Sunday Times report (subscription needed)